1. Contention of claimant vide his instant petition is that he travelled from Bahawalpur to Rawalpindi at the respondent?s Bus No.272 at Seat No.2 on 4.7.13. Engine of the Coach went out of order at Kalar Kahar where the passengers were de-boarded asking them to arrange some other conveyance for them.
2. That when claimant demanded his fare back, he was insulted and finally he has to travel in some other ordinary Bus and due to this Faulty Service" on the part of respondent, claimant has to suffer a lot for which he claim Rs.1,00,000/- as compensation with return of his actual paid fare in the tune of Rs.1000/-.
3. Due legal notice was served which was never replied, hence the petition.
4. Respondent contested the petition on legal and factual grounds submitting that Engine may become out of order during journey and in that case passengers are always got seated in some other Bus by paying their fare by Bus officials. In this case, claimant has also been sent through some other Bus and the petition in hand is just a blackmailing tactics, it may kindly be dismissed.
5. Both the parties led their evidences in shape of their "Pro and Contra" affidavits.
6. Arguments of Asif Arshad Advocate learned counsel on behalf of claimant and that of Sahabzada Mansoor Ahmed Abbasi Advocate learned counsel on behalf of respondent heard, record perused.
7. From perusal of record, it is found that the journey of claimant by the Bus of respondent is an admitted fact and admittedly Bus became out of order.
8. It is no where specifically mentioned in the written statement that what amount of money has been returned by the respondent to the claimant or in which Bus he was got seated.
9. Certainly, it is a "Defective Service" on the part of Bus and proper procedure was that passengers should have been accommodated at some hotel at the place where Bus went out of order and the administration of Bus should have summoned some new Bus in which the passengers were to be boarded for their destination. Needful has not been done, so in this way, I hereby award compensation in the tune of Rs.10, 000/- to the passenger with return of Rs.1000/- as fare. File be consigned.