Based on salary of Rs.3,000/ per month as claimed by the claimant adding 50 on the same for future prospects of increase and applying multiplier of 16, companypensation amount was raised to Rs.4,500/ with interest at 6 from the date of petition.
This resulted in a companylision of right hand side of the bus with the truck, which resulted in severance of right hand of the claimant who was sitting in the right side of the bus.
The matter was also reported to the Police by Anil Kumar, PW 3.
DBP 805.
The claimant was later on transferred to Dr. Ram Manohar Lohia Hospital, New Delhi and thereafter he was also treated in different Hospitals at various stages.
The employer had arranged for a Chartered Bus belonging to M s. National Tours Travels, F 4, East of Kailash, New Delhi, 2nd respondent before the Tribunal for carrying the employees to the factory at Dharuhera and back one Pritam Singh, 1st respondent before the Tribunal was the driver of the said bus.
The facts involved in the present case are as follows The claimant was employed as a Product Design Engineer in M s. Utility Engineers India Ltd. Dharuhera, District Mohindergarh, Haryana.
The cliamant filed a petition under Section 110 A of the Motor Vehicles Act, 1988 claiming Rs.12 lacs as the companypensation for the loss of the right hand which was amputated near the shoulder, on various companynts.
While assessing the companypensation under Issue No.2, the Tribunal awarded a companypensation of Rs.3,20,000/ with interest at the rate of 12 per annum.
The respondents companytested the claim of the claimant.
The Issue No.1 was thus decided in favour of the claimant.
In the appeal preferred by the claimant the High Court taken a loss of earning capacity to 70 in view of permanent disability of right hand.
SUDHANSU JYOTI MUKHOPADHAYA, J. Leave granted.
Pritam Singh, who was driving the bus at a very high speed, carelessly, rashly and negligently attempted to cross the above said truck without keeping the Bus to the extreme left hand side.
The said accident and the mishappenings thereto were witnessed by the occupants of the bus.
The present appeal is filed by the claimant appellant against the judgment of Punjab and Haryana High Court at Chandigarh in FAO No.693 of 1989, whereby the High Court granted a meager enhancement in the amount of companypensation awarded to him by the Motor Accident Claims Tribunal hereinafter referred to as the Tribunal .
One Anil Kumar, PW 3, who was also travelling in the said Chartered Bus at the time of the said accident, took the claimant to the Civil Hospital, Gurgaon from where he was given medical first aid and he was referred to Safdarjang Hospital, New Delhi.
DBP 805.
At about 6 p.m. when the said Bus reached near the turning of village Shikohpur on Gurgaon Jaipur Highway, it came across a truck companying from opposite direction which was crossing a camel cart in front of it.
