I.P.Singh, J. - (1.) This is an appeal and cross objection against the order dated 10-10-77 passed by the Motor Accident Claims Tribunal (Vth Additional District Judge) Meerut awarding a sum of Rs. 52,200/- as compensation with interest at the rate of 6% per annum from the date of petition onwards.
(2.) The claimant respondent Rajendra Swarup alleged that he was a young graduate of 21 years and had undertaken the training course for Yoga and had obtained a certificate of Yoga training. He, was, therefore, a qualified yoga teacher and had plans to go abroad. At the time of accident he was working at Baghpat, district Meerut, as private Yoga teacher imparting training to certain persons and thereby earning a monthly income of Rs. 350/-.
(3.) It was alleged that on 13-9-1971 at about 8.20 P.M. the petitioner boarded U.P. State Road Transport Corporation Bus No. U.S.T. 5301 for going to Baghpat, the bus was overloaded. There were 70 passengers. The driver of the bus drove it rashly and negligently and was talking to the conductor or other passengers. When the bus was passing in front of the Cinema at Loni another truck coming from the opposite direction passed grazing the side of the bus. The petitioner was sitting on a seat on the right side above the rear wheel of the Bus. Tek Chand Jain (P.W. 2) was also sitting on the same seat which was meant for accommodating three passengers but due to overcrowding four persons had occupied the seat. As a result of the truck grazing against the window, the right arm of the petitioner was crushed. He suffered multiple fractures and cuts. The truck driver did not stop the truck but sped away. The bus driver refused to take the petitioner to the hospital. Tek Chand Jain who also resides in Baghpat near the petitioner's house helped him. He stopped a Jeep and took him in that Jeep upto Shahadara from where he hired a taxi and took the petitioner to the Irwin hospital at Delhi. The petitioner was treated there. We had undergone nine operations and was treated there. He had undergone nine operations and was still undergoing treatment.;