ANITA CHAUDHRY, J. - (1.) THESE are two appeals one preferred by the owner of the offending bus seeking their discharge from liability of payment of compensation while another appeal has been preferred by the claimants seeking enhancement of compensation awarded vide award dated 17.09.2007 passed by the Motor Accident Claims Tribunal, Chandigarh.
(2.) KARNAIL Singh was a conductor with Pepsu Road Transport Corporation. On the fateful day, he was travelling in bus No.PB -11 -N -0773 from Chandigarh to Pathankot. The bus was driven by respondent No.2. At 5.00 pm, when the bus reached Majari Bus Stand on the Balachauar ­ Hoshiarpur road, the driver could not control the bus and struck against the tractor trolley going ahead. The lady who was sitting on the front seat sustained grevious injuries and died. The iron pipes carried in the tractor trolley broke the front glass of the bus and had injured the passengers. Karnail singh also suffered grevious injuries resulting in amputation of his right leg. Karnail Singh was 51 years old at the time of accident and was drawing the salary of Rs.12,000/ - per month. He had claimed that he had spent Rs.50,000/ - on his treatment. The Tribunal had awarded following compensation on the following heads: Sr. Name of head Amount in No. rupees 1 Compensation for loss of leave 61,488/ - 2 Actual medical expenses 38,739/ - Compensation for pain and suffering and 40,000/ - 3 loss of enjoyment of life Compensation for special diet and 15,000/ - 4 transportation 5 General damage for 80% permanent 2,00,000/ - disability and for loss of promotion prospects Total 3,55,227/ - Rounded off to Rs.3,55,300/ -
(3.) THE Tribunal had noted that there was no loss of earning capacity due to disability as he was still continuing in the job and there was no reduction in salary. The plea raised by the respondent that the claimant was a gratuitous passenger was rejected and the claim was partly allowed.;