D T C Vs. RAM NATH MISHRA

JUDGEMENT

(1.) This order will dispose of the appeal filed by the appellant challenging the award of the Motor Accident Claims Tribunal whereby the Tribunal had awarded the compensation of Rs.3,47,500.00 with interest to respondent no.1 for injuries sustained by him in a road accident alleged to have been caused by the rash and negligent driving of the bus owned by respondent/appellant and driven by its driver respondent no.2. A few facts relevant for deciding this appeal are:-

(2.) On 17.8.1989, at about 9.15pm when respondent no.1 was trying to cross the road at DCM Chemical Works, Zakhira, Najafgarh Road, Delhi, the DTC bus bearing registration no. DHP-3935 came from behind and despite respondent no.1 raising his hand signalling the driver to allow him to cross the road, the driver of the bus did not pay any heed and hit against the respondent no.1. As a result of the accident respondent no.1 was injured and was taken to ESI Hospital from where he was referred to Willington Hospital where he remained for three days and was again sent to ESI Hospital, Basai Darapur, New Delhi. After the accident seven surgical operations were alleged to be performed on the left hand of respondent No.1 as flesh and the bones of the hand had come out and during the course of these surgeries skin was grafted after taking it from his both legs. Despite surgeries, it is alleged by respondent no.1, he cannot feel any sensation in the said hand and he has been disabled. Respondent no.1 at the relevant time was employed as a fitter with M/s Ashoka Tool Machine Corporations and was getting a salary of Rs.1,000.00 per month. Alleging that after the accident he was rendered unfit to do the job of fitter and he had suffered permanent disability in respect of his left hand and he has also been left unemployed and the same has also adversely affected future prospects in his career and alleging that the accident was caused due to the rash and negligent driving of the bus by its driver, respondent no.1 filed a petition before the Motor Accident Claims Tribunal claiming compensation of Rs.6 lakhs..

(3.) In the written statement while the factum of the accident was admitted, defence taken by the appellant was that respondent No.1 was a passenger in the bus and he jumped out of the moving bus as a result of which he fall down and received injuries. It was stated that accident was not caused due to the rash and negligent driving of the bus but it was as a result of respondent no.1 having jumped from a moving bus for which the appellant could not be held liable. On the pleadings of the parties the Tribunal framed the following issues:-