U.S.Tripathi, J. - (1.) The above first appeal from order has been directed against the judgment and order/award dated 19.12.1983 in Motor Accident Claim Case No. 2 of 1979, passed by Motor Accidents Claims Tribunal, Pauri Garhwal Camp at Kotdwara, awarding a sum of Rs. 44,000 (Rupees forty-four thousand) with interest at the rate of 9 per cent per annum from the date of application, i.e., 22.12.1978 up to the date of payment.
(2.) The respondent No. 1 has also filed cross-objection against the above award for enhancement of compensation.
(3.) The facts, giving rise to this appeal and cross-objection, briefly narrated were that the respondent No. 1-claimant, V.D. Naithani, aged about 44 years at the time of accident was employed as Sanitary Inspector/Food Inspector at Jahrikhal, District Pauri Garhwal and was getting Rs. 723 per month as his salary. He had also a touring job. On 20.6.1978 he was travelling from Pauri to go to Gumkhal in bus No. UPY 1841 owned by one Harish Prasad Ghildyal respondent No. 2, plying under the control and management of the Garhwal Motor Owners Union Ltd., Kotdwara and was insured with the appellant. When the above bus reached between Peeplipani and Jwalpa Devi on Pauri- Kotdwara Road at about 4.30 p.m. it met with an accident in which the respondent No. 1 sustained severe injuries in his left leg resulting into fracture of knee-cap, tibia, fibula and other bones besides internal injuries. He was given first aid at the Primary Health Centre, Pattisain and thereafter was admitted in District Hospital, Pauri where he remained from 20.6.1978 to 20.7.78. Having no improvement in his injuries he was shifted to Safdarjung Hospital, New Delhi on 21.7.1978 where under medical advice his left leg was amputated. He remained as indoor patient in the said hospital till 14.10.78. The claimant incurred a sum of Rs. 10,808 towards costs of medicines, costs of conveyance, lodging and boarding, etc. It was also alleged by the claimant that he was to be promoted as Chief Sanitary Inspector, but due to accident and injury in the left leg he would not be getting further promotion in touring job and that he became handicapped and was unable to perform necessary manual work and have to keep attendant for this purpose. He further contended that during remaining 14 years of service he would have been getting promotional job of which he was deprived due to injuries and amputation of left leg and that he also suffered mental and physical pain and developed inferiority complex. On the above allegation the claimant/respondent No. 1 filed claim petition for the recovery of Rs. 1,00,000 as compensation.;