B.D.AGRAWAL,J. - (1.) These are connected appeals under Section 110D of the Motor Vehicles Act, 1939.
(2.) THE accident giving rise to these proceedings occurred on September 29, 1973, around 2.30 p.m. Fiat Motor Car No. UPS 5498, belonging to Munish Kumar Jain, advocate, and self -driven was on its way to the Eastern Kutchery Road from the Budhana Gate in Meerut. Kulwant Singh, advocate, was sitting by his side and Brahma Pal Singh, advocate, was on the back seat. All the three are practising lawyers in Meerut Civil Court: The car had arrived at the Syndicate Bank crossing, when, according to the claimants, it was dashed on its right side by Bus No. USA 7103 belonging to the U.P. State Road Transport Corporation and driven by Satya Prakash. The car was to its left with a speed of about 20 km. per hour, the bus was moving fast at a speed of 50 -60 km. per hour and it was to its right. The car was smashed and dragged for nearly 10 -12 paces. All the three occupants of the car were injured and the car was badly damaged. The injured remained under medical treatment and suffered loss of practice besides undergoing considerable mental and physical pain and anguish. The Corporation resisted the claims refuting that the accident took place due to rash or negligent driving of the bus. According to them, the car driver was responsible for what happened. The damages claimed were also refuted as highly excessive and imaginary.
(3.) THE Tribunal, under its award dated September 21, 1977, allowed the claims in part. The claim raised by Kulwant Singh for Rs. 69,000 was allowed for Rs. 24,000 only ; the claim of Brahma Pal Singh for Rs. 42,000 was allowed for Rs. 13,000 and the claim of Munish Kumar Jain succeeded for Rs. 17,000 while he had asked for Rs. 59,600.;