IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Appeal From Order No. 226 of 2005 U.P. State Road Transport Corporation … Appellant Versus Dinesh Chandra Dabral … Respondent Sri Rajeev Singh Bisht, Advocate, for appellant Sri B.P. Nautiyal, Advocate, for respondent Dated: April 16, 2008 Hon’ble B.C. Kandpal, J. This appeal, under Section 173 of Motor Vehicles Act, 1988, has been preferred against the judgment and award dated 16.12.2004 passed by Motor Accident Claims Tribunal/District Judge, Pauri Garhwal, in M.A.C.P. No. 209 of 2003, Dinesh Chandra Dabral vs. U.P.S.R.T.C. The claimant-Dinesh Chandra Dabral filed a claim petition under Section 166 of Motor Vehicles Act for grant of compensation, on account of injuries sustained by him in a motor vehicle accident. According to the claimant, on 8.2.2003 when he was going to Masaugi from Kotdwar through Bus No. U.P.07-B-8975, the driver of said vehicle lost its control over the bus due to rash and negligence and bus fell into 30-35 ft. deep ‘Khad’ and claimant-injured received serous injuries on his person. The claimant was admitted for treatment in Government Joint Hospital Kotdwar and thereafter he was referred to Himalayan Institute Jollygrant, where he remained admitted from 11.2.2003 to 20.5.2003. Thereafter, the Claimant-injured was admitted in Asha Nursing Home Dehradun from time to time and his treatment is still going on. The claimant has pleaded that Rs.2,00,000/- was expended on his treatment and there is an estimate of about Rs.1,50,000/- towards medical treatment in future. He has further pleaded that at the time of accident he was posted as Head Master in Primary School Masaugi and due to injuries sustained by him in the accident his one leg has got fractured and he is bed- ridden. The claimant thus claimed for a sum of Rs.14,50,000/- as compensation. Opposite parties no. 1 to 4-U.P.S.R.T.C. have filed their joint written statement admitting therein the factum of accident. They took additional plea that the said vehicle was going to Madal from Kotdwar which was being driven by its driver carefully and in a moderate speed, but all of a sudden over Aamsaur Bridge the vehicle lost its control and fell into the Khad on account of sudden steering jam of vehicle. They have further pleaded that driver was holding valid driving licence at the time of accident and he himself sustained injuries in the said accident. The amount of compensation claimed is excessive. Hence, the petition filed against U.P.S.R.T.C. is liable to be dismissed. The learned Tribunal on the basis of pleadings of parties framed relevant issues in the claim petition. Parties led evidence in support of their cases. The learned Tribunal after having considered the material available before it and hearing learned counsel for the parties partly allowed the claim petition and awarded a sum of Rs.4,92,000/- as compensation, in favour of claimant, payable by opposite parties. The Tribunal also directed that this amount of compensation is to be paid by opposite parties within a period of two months from the date of judgment, failing which, they shall have to pay an interest @ 9% per annum from the date of filing the petition till the date of actual payment. Feeling aggrieved by the aforesaid impugned judgment and award, the appellant-U.P.S.R.T.C. has preferred the appeal before this Court. Heard Sri Rajeev Singh Bisht, learned counsel for the appellant, Sir B.P. Nautiyal, learned counsel for the respondent and perused the record. I have gone through the impugned judgment and award thoroughly. The evidence and record reveals that claimant-injured Dinesh Chandra Dabral along with deceased-Jeet Ram was going to Mandal from Kotdwar through Vehicle No. U.P. 07B-8975. When the said vehicle reached near Aamsaur, it met with an accident due to rash and negligence of driver of said vehicle, on account of which claimant-injured Dinesh Chandra Dabral sustained grievous injuries whereas deceased-Jeet Ram died on the spot itself. The post mortem of deceased-Jeet Ram was held on 9.2.2003 at Haridwar. The post mortem report shows that deceased-Jeet Ram died due to shock and hemorrhage. Claimant-injured was admitted in Government Hospital Kotdwar and thereafter he was referred to Higher Medical Centre. Thereafter the claimant-injured was admitted in Himalayan Institute, Jollygrant, Dehradun from 11.2.2003 to 20.5.2003. The F.I.R. of the said accident was lodged by one Ansuya Prasad, on the basis of which a criminal case was filed against the driver under Section 279-WA of I.P.C. The said fact has been proved by claimant-Dinesh Chandra Dabral by producing himself as witness. This witness has also been cross examined but nothing has been detected in his cross examination which may suggest that this witness was not travelling in the said bus. The Tribunal after considering the entire evidence adduced before it came to the conclusion that accident occurred due to rash and negligence of driver of offending vehicle, in which deceased-Jeet Ram died instantaneously whereas claimant-Dinesh Chandra Dabral sustained grievous injuries on his person. I do not find any reason to disturb the finding recorded by the Tribunal with regard to rash and negligence of the driver of offending vehicle. So far as the quantum of compensation to be awarded in favour of claimant-Dinesh Chandra Dabral is concerned, the evidence reveals that claimant-Dinesh Chandra Darbral submitted bills, x- ray report etc. relating to medical treatment which shows that he was operated four times. Claimant also submitted the disability certificate which shows that bone of leg of claimant was got operated and doctors assessed his disability upto an extent of 45% due to which claimant became permanent disabled. The claimant remained admitted in Hospital for a long time and he may have suffered pain and agony and one attendant may have accompanied with him. The claimant thus submitted bill amount to Rs.1,32,000/-. Thus, the Tribunal keeping in view the surrounding Circumstance awarded Rs.1,32,000/- towards medical expenses, Rs.80,000/- for expenses of operation etc. and Rs.20,000/- towards expenses of attendant accompanied with claimant-injured, which appears to be just and reasonable. The Tribunal also held that claimant-injured was posted as Head Master and he did not encash in leave due to which he suffered loss of income. The Tribunal also awarded Rs.2,60,000/- to the claimant keeping in view the physical and mental agony as well as 45% disability, which also appears to be just and proper. Thereafter, the Tribunal awarded a total sum of Rs.1,32,000/- + Rs.80,000 + Rs.20,000/- + Rs.2,60,000//-=Rs.4,92,000/- as compensation which appears to be quite justified and the same does not require any interference. For the reasons stated above, the appeal lacks merit and is liable to be dismissed. Accordingly, the appeal is dismissed. The impugned judgment and award passed by Tribunal, is confirmed. The statutory amount, if any, deposited by the appellant-U.P.S.R.T.C. at the time of filing the appeal, be remitted to the Tribunal concerned. (B.C. Kandpal, J.) SP