IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO. NO.1150 OF 2009 DATE OF ORDER: 4.3.2009 Pepsu Road Transport Corporation and another ....Appellant(s) Versus Jasjit Kaur ....Respondent(s) CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Harsh Aggarwal, Advocate for the appellants. JASWANT SINGH, J. (ORAL) Present appeal has been filed by the appellants-owner of the offending bus under Section 173 of the Motor Vehicles Act, 1988 challenging the award dated 31.10.2008 passed by the learned MACT, Patiala whereby respondent-claimant Jasjit Kaur has been awarded a sum of Rs.3,60,000/- along with interest @ 9% per annum on account of injuries suffered by her in an accident, which took place on 27.3.2004. Learned counsel for the appellants submits that the learned Tribunal has completely erred in awarding compensation to the tune of Rs.3,60,000/-, which is on the higher side. He contends that no independent evidence was led by the respondent-claimant to prove the accident and the negligence of the driver while stating that the driver was reversing the bus to put it on the Bus Stand counter and it is implicit that the bus cannot be on high speed in the reverse mode. It is apparent from the record that the injured-claimant, to prove her case, appeared as PW6 along with her husband Ranjit Singh, the author of the FIR as PW2 and another eye-witness Darshan Singh as PW1. The driver of the said bus has not denied the accident. He, FAO. NO.1150 OF 2009 #2# however, has deposed that the accident had occurred on account of the negligence of the claimant-injured. Unimpeachable testimony of all the three witnesses in regard to the version, to prove the accident, due to rash and negligent driving of the Bus No.PB-11F-9755 by its driver Tarsem Kumar-appellant No.2 herein is consistent. It has been proved on record that on 27.3.2004, at about 8.30 AM, Jasjeet Kaur along with her husband and four minor children, was standing at Bus Stand of Phase-8, Mohali. A bus bearing No.PB-11F-9755 being driven by Tarsem Kumar-driver, came at high speed and hit the husband of Jasjeet Kaur and then the front left wheel of the bus rolled over and crossed upon between legs and pelvis of Jasjeet Kaur-claimant. As a result, she received grievous injuries. It is not disputed that the driver of the said bus is facing criminal trial in an FIR lodged regarding the accident. Even if it is accepted that the driver while reversing the vehicle was not at a high speed, a duty is cast upon him to be more careful while driving/reversing the vehicle in the area of Bus Stand, where overwhelming number of passengers are present. Therefore, it cannot be said that the claimants were negligent. I have heard learned counsel for the appellants and perused the impugned orders. From the evidence on record, it has been proved that soon after the accident, Jasjeet Kaur-claimant was admitted in the Fortis Hospital, Phase-8, Mohali. She remained admitted in the said hospital from 27.3.2004 till 3.4.2004 for treatment. Doctor concerned has appeared as PW3, who deposed that repair and devridement of the abdominal genital wound on person of claimant was done by him and Dr. S.K. Aggarwal, FAO. NO.1150 OF 2009 #3# Orthopedic Surgeon did the fixation of the pelvic bone with external fixator, screw and three rods. It has been established on record that the claimant had incurred a sum of Rs.40,000/- on attendant, massager and special diet etc. It is also proved that the claimant has suffered disability of 70% of lower limb and this disability is of permanent nature. Therefore, the claimant was awarded a sum of Rs.1,40,000/- on account of disability. She was also awarded a sum of Rs.20,000/- on account of pain and sufferings. In total, claimant was awarded a sum of Rs.3,60,000/- as compensation along with interest @ 9 % per annum. In my opinion, the awarded compensation, in the facts & circumstances of the case, is just and equitable. In view of the findings given by learned Tribunal, no illegality or perversity can be found. No ground for interference is made out. A sum of Rs.25,000/- deposited with the Registry shall be remitted. Dismissed. March 04, 2009 ( JASWANT SINGH ) manoj JUDGE