Amol Rattan Singh, J. - (1.) This appeal has been filed by the claimant, seeking enhancement of the compensation of Rs.2,30,400/- awarded by the learned Motor Accident Claims Tribunal, Chandigarh, vide the impugned Award, dated 02.08.2001, on account of the death of the father of the appellant -claimant, in a motor vehicle accident that took place on 17.02.1998. Though in the impugned Award the head note states that the claim petition was filed under Section 166 of the Motor Vehicles Act, 1988, however, in the body of the Award, it is specifically stated that no finding with regard to the rash and negligent driving of respondent No.3, i.e. the driver of the bus in question, is required to be recorded as the claim petition had been filed under Section 163-A of that Act. This fact is obviously not disputed because even in the grounds of appeal filed on behalf of the appellant before this Court, it is stated that the claim petition had been filed under Section 163-A.
(2.) The facts, as taken from the impugned Award, are that it was stated in the claim petition that on 17.02.1998, at about 6:15 pm, Satinder Singh, father of the appellant, alongwith Satinder Singhs' friend Darshan Singh, were waiting for a bus near the New Mohali Barrier Bus-stand, and upon bus bearing registration no.CH-01-G-5574 having come and stopped in front of them, when Satinder Singh was boarding the bus from the front door, the bus driver, i.e. respondent no.3, allegedly moved the bus, as a result of which Satinder Singh fell on the road and received injuries. The bus is thereafter stated to have been stopped a few yards ahead. Satinder Singh was taken to the local hospital from where he was referred to the PGI Chandigarh, where he succumbed to his injuries on 18.02.1998, i.e. the next day. A criminal case is also stated to have been registered against respondent no.3.
(3.) Satinder Singh was stated to have been working as a Postal Assistant in the General Post Office at Sector 17, Chandigarh, at a monthly salary of Rs.5360/- and was aged about 50 years. The claimant consequently sought a compensation of Rs.4,86,680/-.;