MOHD. SHAMIM Vs. RAM KISHORE SHARMA

JUDGEMENT

(1.) BY this common judgment both the aforesaid appeals are disposed of as they arise out of the same award dated 26th May, 2009 of Motor Accident Claims Tribunal (ï¿ 1/2The Tribunalï¿ 1/2, for short) arising out of the same accident which took place on 21.07.2006 and was caused by the offending bus No. DL-1PA-1092.

(2.) VIDE these appeals the appellants have assailed the impugned award dated 26.05.2009 whereby their claim petitions seeking compensation on account of the injuries sustained in the said order were dismissed. The aforesaid bus No.DL-1PA-1092 was on route from Khajoori Khas bus stand to Mall Road. The bus was full of passengers. Both the appellants boarded the bus from the rear gate. Some of the passengers including appellants Hari Om Gupta were on the foot board. When the bus covered a little distance from Khajoori Khas bus stand, it allegedly struck from its left against a standing tempo and as a result of which the appellants fell down on the road and sustained injuries. A case FIR No.303/2006 U/s 279/337 IPC was registered at P.S. Khajoori Khas against the driver on the allegation that the accident was caused due to his rash and negligent driving.

(3.) BOTH the appellants have assailed the impugned award on identical grounds alleging that the tribunal failed to appreciate that the appellants received injuries during the accident. It was alleged that the bus had moved a little from Khajoori bus stand and thereafter its rear portion struck against the stationery tempo as a result of which the passengers who had boarded from the rear portion fell down on the road and sustained serious injuries.