- (1.) PRAKASH Krishna, J.-This appeal has been filed under Section 110D of Motor Vehicles Act, 1939 against the award dated 21.7.1981, passed by the Motor Accident Claims Tribunal, Fatehpur in Motor Accident Claim Petition No. 7 of 1979. The Tribunal has awarded the sum of Rs. 12,200 to the claimant-respondents No. 1 and 2 as compensation.
(2.) THE facts of the case in brief are as follows : On 14.12.1978 Smt. Phoolmati Devi claimant-respondent herein was travelling in a bus belonging to U. P. State Road Transport Corporation bearing registration No. U.T.Y.-2723 of Banda Depot with her son Arvind Singh. THE said bus according to the claim petition was being driven rashly and negligently by the driver. She was sitting on the rearmost seat of the bus and on a culvert due to rash and negligent driving the bus jumped off and it resulted in over throwing her from her seat. She felled on the floor of the bus and received bodily injuries on her head, face and in the spinal cord. She was admitted in the hospital on 18.12.1978 and was ultimately discharged on 13.3.1979. THE claim petition was filed by her claiming the sum of Rs. 56,000 as compenation under the different heads as mentioned below : Items Amount claimed 1. Pain and suffering Rs. 5,000 2. Loss of enjoyments Rs. 5,000 3. Loss of expectation of life Rs. 10,000 4. Permanent disability due to fracture Rs. 20,000 5. Loss of earning capacity at the rate of Rs. 200 per month. -"do"- 6. Medical expenses Rs. 6,000 7. Other pecuniary losses of keeping servants Rs. 10,000 Total Rs. 56,000 The claim petition was contested by the appellant on the plea that the bus was not being driven rashly and negligently and as such Corporation is not liable to pay any compensation. The factum that the claimant-respondent was travelling in the bus, was not disputed. The parties led evidence in support of their respective cases. The Tribunal by the award under appeal has awarded a sum of Rs. 2,500 towards pain and suffering and Rs. 7,500 towards loss and enjoyment of life and permanent disability due to fracture and Rs. 2,200 towards medical expenses. Being aggrieved by the aforesaid award, the Corporation has filed the present appeal. the claimant-respondent has also filed cross-objection for enhancement of the compensation amount. Heard Shri Sameer Sharma, learned counsel for the appellants and Shri Ram Singh, learned counsel for the respondents.
(3.) IT was contended by the learned counsel for the appellants that the findings recorded by the Tribunal on the question that the bus was being driven rashly and negligently is not borne out from the evidence on record. Also, the compensation awarded to the claimant-respondent is excessive and arbitrary. In reply, Shri Ram Singh, learned counsel for the respondents supports the award and further contends that the compensation awarded by the Tribunal is towards the lower side. Considered the respective submissions of learned counsel for the parties. So far as the question as to whether bus bearing registration No. U.T.Y.-2723 was being driven rashly or negligently the claimant-respondent examined herself as P.W. 1, Mohd. Ayub as P.W. 5 and Arvind Singh as P.W. 6. Her husband Jagjeet Singh was also examined as P.W. 2 and Dr. T. N. Bajpai as P.W. 4. She filed number of documents including X-ray, plates and medical reports etc. The Tribunal preferred to believe the evidence produced by the claimant. No error could be pointed out in the appreciation of the evidence by the learned counsel for the appellants. The Tribunal has found that Arvind Singh P.W. 6 has categorically stated that the bus jumped on a culvert at Dhakoli. Nothing could be elicited from cross-examination to disregard his testimony. Taking into consideration the entire facts and circumstances of the case, the Tribunal has rightly reached to the conclusion that the bus in question was being driven rashly and negligently by its driver. Now only question of award of compensation survives. In this case, Dr. T. N. Bajpai, P.W. 4 was examined who has deposed that the claimant is suffering with irreparable disability on account of fracture of lumber spine. He has further stated that although Smt. Phoolmati Devi can walk, stand up and sit down, but with some pain and disability. The finding has been recorded on the basis of the expert opinion of Dr. T. N. Bajpai under whose care Smt. Phoolmati Devi was. It has also come on record that the claimant respondent was hospitalized for a period of about three months. This is also suggestive of the gravity of the injury received by her. Lumber spine is one of the most vital part of human body. It has been permanently damaged, as is evident from medical evidence of Dr. T. N. Bajpai. No evidence was produced by the appellant Corporation to contradict the said medical evidence.;