CHANDER MONAN Vs. RANJEET SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment of the Motor Accident Claims Tribunal whereby the application of the appellant for compensation for the injuries received by him in a road accident alleged to have been caused by the rash and negligent driving of the DTC bus, was dismissed. The case set up by the appellant in the application was that he was sitting in the private bus going to Yumuna Vihar and when the bus was standing at the Bhajan Pura bus stand to drop and pick up the passengers, the offending bus came at a fast speed from the back side and while overtaking the bus in which the appellant was sitting, hit the same as a result of which the appellant fell down in the bus and received injuries. Because of the injuries, the appellant was stated to have been removed to the hospital where he remained confined to bed for three days and even thereafter he was treated regularly for the injuries received by him in the said accident. Because of injuries received by him in the accident, alleged to have been caused by the rash and negligent driving of the DTC bus, the appellant filed application before the Tribunal claiming compensation against the owner and driver of the bus.

(2.) In the written statement, the respondents denied that the DTC bus in question was involved in the accident. The stand of the DTC in the written statement was that the appellant was seated on the right side back seat of the private bus and when the DTC bus was reaching Khajuri Khas, the private bus in which the appellant was sitting came in a rash and negligent manner from behind and in an attempt to overtake the DTC bus from the left side, it did not leave any space in between the buses as a result of which the appellant's elbow was crushed and injuries received by him were entirely due to his own fault. On the pleadings of the parties, the Tribunal framed the following issues:-

(3.) In support of his case that the accident was caused due to the rash and negligent driving of the DTC bus, the appellant besides appearing himself as a witness also produced one Mr.R.D. Joshi PW-2 who was allegedly travelling with him in the private bus. PW-2, R.D. Joshi has not specifically stated in his statement that the private bus was hit by the DTC bus from behind, however, he did state that the DTC bus came at fast speed from the back side and was trying to overtake the bus in which the appellant was sitting and in the process the appellant fell down in the bus and complained pain in his right arm where he received injuries. He stated that he got the appellant admitted in the GTB hospital. The appellant in his own statement deposed that while he was sitting on the back seat of the private bus, the offending bus came from behind in a rash and negligent manner and hit the private bus from back side and as a result the appellant received, injuries on his right elbow. The driver of the offending DTC bus has appeared as a witness on behalf of the respondents and stated that when his bus reached near Khajuri Khas a private bus came from behind and while trying to overtake the DTC bus from left side, he did not leave any space between the two buses as a result of which the elbow of the appellant was crushed in between the two buses and the injuries sustained by the appellant were entirely because of his own fault and DTC was not at fault.