RAVINDRA MALHOTRA Vs. VIJENDER SINGH

JUDGEMENT

(1.) By way of this appeal, the appellant seeks to assail the judgment dated 17th February, 2004 passed by the Additional Sessions Judge in MACT No. 101/2002 whereby and whereunder the learned Sessions Judge has opined that the appellant had not been able to prove that he had suffered injuries due to rash and negligent driving of vehicle No. DEP 9343 driven by the respondent No. 1 and owned by the respondent No. 2, the Delhi Transport Corporation, and there was no evidence on record to link the respondent No. 1 - driver and Bus No. DEP 9343 owned by the respondent No. 2 with the alleged accident.

(2.) Briefly stated, the facts of the case are that the appellant had filed a claim petition under Sections 166 and 140 of the Motor Vehicles Act, 1988 for grant of compensation for the injuries sustained by him in a motor vehicular accident. The case of the appellant was that while he was waiting for a bus at Gurudwara Bangla Sahib bus stop to go to the ITO, Bus No. DEP 9343 plying on route No. 330 came and stopped at the bus stop, behind another bus which was already stationary at the bus stop. The appellant tried to board the offending bus and had gripped the iron rod of the bus, but the driver started the bus with the big jerk without ensuring that the passenger had boarded the bus. Resultantly, the appellant was dragged with the bus and pressed between the offending bus, i.e., Bus No. DEP 9343 and the stationary bus standing ahead of it. He suffered compound fracture of right forearm, fracture of left clavical bones, dislocation of ribs bones, defacement of face and right ear and other multiple injuries on various parts of the body, which rendered him permanently handicapped. He remained under treatment from AIIMS hospital over a protracted period of time and incurred considerable expense on his treatment. The claim petition was accordingly preferred by him on 29th August, 1995.

(3.) The respondent Nos. l and 2 filed a joint written statement taking the preliminary objection that the Bus No. DEP 9343 was not at all involved in any accident and no accident had taken place with the said bus on the aforesaid day and hence the respondents were not liable to pay compensation. On the pleadings of the parties, the following issues were framed for consideration: