PROPRIETOR KUMARAN TRAVELS Vs. J SINGARAVELU

JUDGEMENT

(1.) This is an appeal by the First opposite party.

(2.) The facts of the case are summarily as follows:- The second complainant/second respondent herein organized a tour of some inhabitants of Pudupet to Thirupathi on a fare of Rs. 120/- per head. In this connection he engaged the service of the first opposite party who is a bus operator and hired his bus for the 8th and 9th of October, 1993 at the rate of Rs. 1,250/- per day as daily rent plus Rs. 1,500/-towards diesel and oil charges. He paid an advance amount of Rs. 500/- on 13.4.93 and the balance was paid on 8.10.93 to the bus driver at 3 a.m. as per Clause 10 of the contract. The bus was not one properly maintained and the driver was also driving it negligently with the effect that the bus capsized near Chandragiri and almost all the passengers sustained injuries. The second complainant spent Rs. 296/- towards food expenses, Rs. 2,956.25 towards bus fare and Rs. 5,000/- towards taxi fare, Rs. 2,000/- towards medical charges. He sustained mental agony for which he claimed Rs. 5,000/- as compensation in addition to the amount actually spent on account of the accident from the first opposite party and Rs. 2,000/- from the second opposite party-third respondent herein for not acting upon the complaint.

(3.) The opposite party's averments were as follows : Only the advance amount of Rs. 500/- was paid and the balance of Rs. 3,150/- still remains to be paid and there is no deficiency in service.