IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O NO. 5312 OF 2008 DECIDED ON : 23.12.2008 Pepsu Road Transport Corporation ...Appellant versus Smt. Santosh and others ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. Harsh Aggarwal, Advocate, for the appellant. SURYA KANT, J. (ORAL) This appeal is at the instance of Pepsu Road Transport Corporation against the award dated 10.10.2008 passed by the Motor Accident Claims Tribunal, Rohtak, whereby the respondent- claimant has been granted compensation to the tune of Rs.2,50,000/- along with interest @ 6% per annum from the date of institution of the claim petition, on account of the injury suffered by her in a motor vehicular accident which took place on 06.11.2005. As per the case of the respondent-claimant, she boarded a PRTC bus bearing registration No. PB-11Y-3699 on 06.11.2005 at about 5:15 P.M from village Lakhan Majra to Rohtak. When the bus stopped at the bus stand and the respondent – claimant along with other passengers was alighting F.A.O NO. 5312 OF 2008 -2- from the bus, the bus driver suddenly put the bus into motion and as a result thereto the respondent-claimant fell down and the rear wheel of the bus rolled over her right feet. The respondent- claimant sustained multiple and grevious injuries, including fracture in her right leg. Her husband was also accompanying the respondent-claimant. She was taken to PGIMS, Rohtak for treatment. The accident was reported to the police and FIR No. 606 dated 06.11.2005 under Sections 279/337 of the Indian Penal Code was registered at Police Station Civil Lines, Rohtak. On this premise, the respondent-claimant sought compensation of Rs.5 lacs. After holding that the accident in question was caused due to rash and negligent driving of bus driver-respondent No.2 (Lakhbir Singh), the Tribunal held that the respondent-claimant is entitled to pecuniary, as well as, non-pecuniary damages and taking into consideration 30% permanent disability suffered by her, has awarded a compensation of Rs.2,50,000/- along with interest. I have heard learned counsel for the appellant at some length and perused the impugned award. In my considered view, there is no merit in this appeal. There is overwhelming evidence on record to prove that the accident was caused at the bus stop due to the sudden act of bus driver, who put the bus into motion when the passengers were still alighting. No exception can be made to the findings F.A.O NO. 5312 OF 2008 -3- returned by the Tribunal while deciding Issue No.1,. As regards the compensation amount, the respondent-claimant has proved on record the treatment undergone by her in the PGIMS, Rohtak, as well as, the fact that she still requires to undergo the follow-up treatment periodically. Dr. A. S. Rathi (PW-4) from PGIMS, Rohtak, Dr. Sanjeev Arya (PW-3) Medical Officer who medico-legally examined the respondent-claimant and Dr. Naresh Dahiya (PW- 6), Medical Officer, who issued Disability Certificate (Exhibit P-18) have been examined and in the light of their impeachable evidence, the Tribunal has rightly held that on account of the deformity in the right leg, loss of muscle mass from the ankle and stiffness in the leg, the respondent-claimant has suffered disability to the extent of 30%. Having regard to her age and the life long handicap to be suffered by her, the compensation of Rs.2,50,000/- can either be termed excessive or determined arbitrarily. No interference by this Court is, therefore, called for. The appeal is accordingly dismissed. The Registry is directed to remit the amount of Rs.25,000/- deposited by the appellant-Corporation to the Tribunal, which shall then be disbursed to the respondent- claimant without insisting for any security. DECEMBER 23, 2008 (SURYA KANT) shalini JUDGE