IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Appeal From Order No. 491 of 2003 Sh. Jasbir Singh …Appellant Versus Sh. Sunil Kumar alias Sarin Kumar & others …Respondents Sri R.S. Bajwa, Advocate, assisted by Sri Deepak Sharma, Advocate for appellant. Sri T.A. Khan, Advocate, for respondent no. 3. Dated: May 9, 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 25.8.2003, passed by Motor Accident Claims Tribunal/Additional District Judge/F.T.C.- II, Dehradun, in M.A.C. No. 19 of 1998, Sh. Jasbir Singh vs. Sunil Kumar & others. Briefly stated the facts are that on 6.8.1997 the claimant-Jasbir Singh was going to Deoband by his Maruti Car No. UP-07G 0466 which was being driven by Late Praveen Kumar son of Ranvir Kumar carefully. When the said vehicle reached near the crossing of Chamari Khera on Saharanpur Chhutmalpur road within the limits of P.S. Fatehpur District Saharanpur at about 3.30 p.m., Bus No. H.R.03-9239 belonging to Haryana Roadways coming from the direction of Saharanpur towards Dehradun being driven rashly and negligently by its driver Sri Sunil Kumar-opposite party no. 1, collided with said Maruti Car due to which the driver of Maruti Car-Praveen Kumar died at the spot itself and claimant-Jasbir Singh sustained serious injuries. The brother of claimant Sri Ranbir Singh who on his Car No. UP-07 F-0066 was trailing just behind Maruti Car at the time of accident and took out the claimant inside the car with difficulty and admitted the claimant in S.B.D. Hospital, Saharanpur where the claimant was treated by Emergency Medical Officer and brother of claimant was advised to take the claimant in Higher Medical Centre having modern medical facilities. The claimant claimed a sum of Rs. 79,43,000/- as compensation, along with an interest @ 18% per annum. The apposite party no. 1-Sri Sunil Kumar did not file his written statement. The opposite party no. 2-Managing Director Haryana Roadways filed written statement refuting the contents of claim petition. It has been pleaded that on the date of accident Bus No. H.R.03-9239 was being plied by its driver-Sarin Kumar in a moderate speed and when the said Bus reached near Charmari Khera, its spring had broken. It has further been pleaded that the accident occurred in order to save Jhota Buggi which was being plied on the way and collided with Maruti Car being driven rashly and negligently by its driver. Therefore the accident took place because of breaking of spring of bus and rash and negligence of driver of Maruti car. Hence, the claim petition is liable to be dismissed. The opposite party no. 3-Oriental Insurance Co. Ltd. filed written statement admitting the factum of accident and denied rest of contents for want of knowledge. It has been admitted by opposite party no. 2 that Maruti Car No. UP-07G-0456 was insured with opposite party no. 3-Oriental Insurance Co. Ltd. at the time of accident and pleaded that answering respondent is not liable to pay compensation. 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 Tribunal after having considered the material available on record and hearing learned counsel for the parties partly allowed the claim petition in favour of claimant for a sum of Rs.9,24,123/- payable by opposite party no. 2- Managing Director Haryana Roadways, along with an interest @ 9% per annum. Feeling aggrieved by the aforesaid impugned judgment and award, the appellant-claimant has preferred the appeal before this Court for enhancement of compensation. Heard Sri R. S. Bajwa, Advocate, assisted by Sri Deepak Sharma, Advocate, for appellant, Sri T.A. Khan, for respondent no. 3 and perused the record. Learned counsel for the appellant-claimant has submitted that the learned Tribunal awarded meager amount of compensation and the same should be enhanced by this Court. I have gone through the impugned judgment and award thoroughly. The evidence on record reveals that claimant has filed the bills pertaining to his medical treatment for a sum of Rs. 8,74,123/-. This amount has been awarded to the claimant by the Tribunal and I come to the conclusion that the aforesaid amount has been awarded by the Tribunal in justified manner and the same does not require any interference. As far as pecuniary loss suffered by claimant is concerned, the claimant has not adduced any evidence to establish that he become disabled and due to disability his treatment will be continued in future. Therefore, the Tribunal has held that claimant is not entitled to get any compensation under this head and in absence of evidence with respect to his future treatment he has rightly been denied for any compensation and the contention of learned counsel for appellant in this appeal to award compensation for future treatment is not tenable. However, The claimant by sustaining the injuries caused in the said accident had to be admitted in hospital for medical treatment several times and had to be operated thrice and his medical treatment remained continued for two years and during that period the claimant must have suffered physical and mental agony on account of injuries sustained by him in the accident. Hence, the Tribunal has rightly awarded a sum of Rs. 50,000/- towards mental pain and suffering. I don not find any infirmity in the above finding recorded by the Tribunal. For the foregoing reasons, the appeal lacks merit and is liable to be dismissed. Accordingly, appeal is dismissed. The impugned judgment and award passed by Tribunal is confirmed. (B.C. Kandpal, J) SP