Manish Kumar vs Shyam Singh & Another

As both these appeals have arisen out of the same judgment and order dated 31.3.2015 rendered by the learned Tribunal at Nainital hence, are being adjudicated herein below by this single judgment.

The accident occurred on 09.12.2011 at around 2:00 PM when the injured Shri Manish, aged about 32 years, along with his wife was coming from Haldwani to Nainital. Bus No. UA07H 6427 owned by the appellant

herein was over crowded, so, Shri Manish along with his better half were standing inside but near the door of the bus. The driver of the bus Shri Shyam Singh (respondent no. 2) took his bus very rashly and negligently towards the work shop without ensuring closing of the door. All of sudden, power break was applied by the driver resulting in falling of Manish Kumar below the bus on the ground. Although, hue and cry was raised but the driver without paying least attention towards such noise took away the bus. As a consequence, one arm of Shri Manish Kumar was run over by the rear wheel. He was soon admitted in the Sushila Devi Medical College & Hospital, where he underwent a long medical treatment.

FIR under crime no. 420/2011 was also lodged on 21.12.2011 for the offence under section 279, 338 IPC. As a result of this accident Shri Manish Kumar became 50% disabled as reported by the doctors. He filed a claim petition no. 149/2012 claiming the compensation of Rs. 20,00,000/- (Rupees twenty lakhs only) whereagainst the learned Tribunal has awarded Rs. 6,89,510/- (Rupees six lakh eighty nine thousand five hundred ten only) along with 8% simple interest from the date of presentation of the petition till the payment.

Feeling aggrieved, the Uttarakhand Transport Corporation has come up in this appeal no. 298/2015 while feeling dissatisfied with the quantum of the award, Shri Manish Kumar presented the appeal no. 353/2015.

It has been on the record that he was provisionally a daily worker doing the work of temporary sweeper in the Municipality, Nainital and in 2008 he used to get Rs. 2,100/- (Rupees two thousand one hundred only)

per month as an honorarium at the rate of Rs. 75/- per day. But, at the same time it is difficult to over look that if he was purely a temporary daily wage worker then certainly he would have earned some extra money by way of rendering his services in the hotels which are abundantly available in this hilly tourist place. In that way, I think the notional income of Rs. 3,9,000/- (Rupees three lakh nine thousand only) has rightly been determined by the learned Tribunal which has been the basis for calculating the amount of compensation. Besides, Rs. 2,35,110/- (Rupees two lakh thirty five thousand one hundred ten only) have been awarded towards the expenses incurred by him in the medical treatment. Rs. 10,000/- have been awarded towards the other expenses and Rs. 50,000/- have been awarded for the future hardships.

That apart, Rs. 10,000/- have been awarded for special food and Rs. 10,000/- further have been awarded for his future care by his near relatives.

I think sufficient amount has been awarded to him considering his status in the society and there is no need of interference in the quantum of the award except the rate of interest shall be reduced from 8% to 6%.

As have been held out by this court herein above, I think there is no scope for enhancement of the award. So, the AO No. 298/2015 hereby dismissed subject to the modification in the rate of interest and at the same time AO No. 353/2015 is also dismissed.

LCR be sent back.