GUJARAT STATE ROAD TRANSPORT Vs. RASIKLAL JADAVJI PATEL

JUDGEMENT

(1.) THE present appeal is directed against the award passed by the learned Motor Accident Claims Tribunal, Surendranagar in Claim Petition No. 59 of 1976. Respondent No. 1 Rasiklal, a boy aged about 20 years was travelling by a truck on 8-4-1976, at about 4.00 p m. he got down from the truck and while be was standing by the side of the truck, one ST Bus bound for Jamnagar was passing at an excessive speed and it knocked him down. He received injuries, he was removed to the Hospital, he was treated for an inordinately long period and as a result of the injuries sustained he suffered from permanent partial disability. He, therefore, claimed Rs. 34,000/- by way of compensation.

(2.) THE claim was resisted by the ST Corporation on the ground that no ST bus was involved in the accident and the claim for an amount of Rs. 34,000/- was grossly exaggerated.

(3.) MR . Arun K. Shah, the learned advocate appearing for the appellant corporation, took us through the judgment and evidence of the material witnesses and Mr. Shah urged that the fact of the ST Bus being involved in the accident has not been proved by any cogent evidence. Witness Kantibhai who had taken the injured to the Hospital has been studiously avoided and has not been examined. Mr. Shah also urged that regarding the quantum also it appears that the Tribunal has erred in arriving at a conclusion that the applicant has suffered from any permanent disability. Referring to the evidence of Dr. Rameshchandra D. Shah, Mr. Shah urged that the expert is not certain as to whether the ankle bone fracture is likely to result in any gross disability or that physical condition of the claimant is irretrievably impaired.