LAWS(NCD)-1997-2-78

PRITPAL SINGH Vs. DIVISIONAL MANAGER CHANDIGARH TRANSPORT UNDERTAKING

Decided On February 03, 1997
PRITPAL SINGH Appellant
V/S
DIVISIONAL MANAGER CHANDIGARH TRANSPORT UNDERTAKING Respondents

JUDGEMENT

(1.) Pritpal Singh travelled in Bus No. CH-01-G-5360 from Banur to Chandigarh at 8.25 a. m. on 12.1.95 after purchasing a ticket for a total sum of Rs.9/-. It had scarcely covered a few kilometers that after a few jerks this old vehicle stopped and could not proceed further. The complainant waited for another bus of the respondent but it was not available. He ultimately travelled in a bus belonging to the Punjab Roadways bearing No. PJG-2814 after purchase of another ticket for which he also spent another sum of Rs.9/-. It was a winter morning and the complainant faced inconvenience and besides the refund of Rs.9/- a sum of Rs.500/- has also been awarded as damages by the District Forum, Union Territory, Chandigarh on 8.8.96. The complainant remained dissatisfied with the award and has attempted the present appeal.

(2.) In the reply it has been averred that after covering 4 kilometers the bus developed technical defect it stopped and could not proceed further. However, it has been stated that the stranded passengers were accommodated in the next available buses on the same ticket.

(3.) The learned Counsel for the appellant has referred to Subba Reddiar and Others V/s. The Managing Director, Thiruvalluvar Transport Corpn. Limited, 1995 1 CPC 74, wherein a sum of Rs.1,500/- was awarded against the Transporter. In the aforesaid case of Bangalore the complainants in fact were four members of a family and the trip of the bus was altogether cancelled without informing the passengers in advance. In T. B. O. Travels V/s. Sri Kota Suryanarayana and Another,1991 2 CPJ 396 a sum of Rs.5,000/- was awarded as compensation. However in that case the passengers were newly weds and they had purchased tickets of a Video Coach from Bangalore to Ooty and circumstances were thus distinguishable.