- (1.) THIS appeal is directed against the judgment and award dated 19.08.2000 passed by the Motor Accident Claims Tribunal, Churu (for short 'the Tribunal' hereinafter) in Motor Accident Claim Case No.5/2000, whereby the learned Tribunal has awarded compensation of Rs.2,39,140/ - to the appellant Govind Ram. It is to be noticed that during the pendency of the appeal, appellant Govind Ram died on 14.01.2011 and thereafter, his legal representatives were ordered to be taken on record by this Court vide order dated 09.01.2013 for pursuing this appeal.
(2.) THIS appeal has been preferred for enhancement of compensation so awarded by the learned Tribunal. Brief facts of the case are that on 20.07.1999, Govind Ram was returning from Delhi in a bus owned by Haryana Roadways and when the bus reached the Bhaleri Bus Stand at about 1:30 A.M., Govind Ram was under the process of alighting from the bus through the front gate of the bus, suddenly the bus driver drove the bus with a jerk, due to which, Govind Ram fell down and the rear tyres of the bus ran over both the legs of of Govind Ram, as a result of which, Govind Ram received injuries and his both the legs from knees were got amputated. In respect of the incident, a criminal case was also registered against the driver of the bus in which the police, after investigation, filed a charge -sheet against him.
(3.) GOVIND Ram filed a claim petition and claimed for compensation to the tune of Rs.77,17,500/ - and the claim petition was contested by the respondents. On the basis of the pleadings of the parties, the learned Tribunal has framed as many as five issues and after appreciation of the evidence produced on behalf of the parties, has held that the accident took place on account of negligence of the bus driver. The learned Tribunal has assessed the income of Govind Ram as Rs.1200/ - per month and has awarded a sum of Rs.1,44,000/ - under the head of loss of earning while determining the age of Govind Ram as 60 years. Under the head of pain and suffering, the learned Tribunal has awarded Rs.50,000/ - to Govind Ram. Impugned award has been challenged by Govind Ram while claiming that the compensation awarded by the Tribunal under the various heads is inadequate inasmuch as the learned Tribunal has assessed the income of Govind Ram as Rs.1200/ - per month though he had produced the evidence of earning Rs.25000/ - per month.;