VIJAY NATH TIWARI Vs. SURENDER

JUDGEMENT

(1.) INJURED Vijay nath Tiwari aged 22 years received injuries in a road accident which took place on 18. 10. 1996. He filed a claim petition claiming a compensation of Rs. 5,00,000 on account of injuries sustained by him in the said road accident.

(2.) THE case of the injured is that on 18. 10. 1996 he boarded a D. T. C. bus bearing No. DBP 6136. He further stated that while he was in the process of alighting from the bus, the driver of the bus, in a rash and negligent manner, started the bus as a result thereof he fell down from the bus resulting in a fracture of his left hand.

(3.) HOLDING that the injured was himself responsible for the accident, the claim petition has been dismissed by the Tribunal. In so holding, Tribunal has noted DD entry no. 21a dated 18. 10. 1996. The said DD entry was purportedly recorded on the basis of the statement of injured. The DD entry records that when driver of the bus did not stop the bus at the bus stand where injured was to get down, injured immediately jumped from the front gate of the moving bus and as a result of which injured had fallen on the road and sustained injury on his hand. DD entry further records that there was no mistake on part of the driver of the bus.