RAMESH KUMAR AWASTHI Vs. COLLECTOR SAHARANPUR

JUDGEMENT

(1.) This appeal is directed against the judgment of the Motor Accidents Claims Tribunal, Sharanpur, dated 10-2-1978, dismissing the appellant's claim petition filed under Section 110-A of the M. V. Act.

(2.) Ramesh Kumar Awasthi appellant was travelling by a bus bearing No. USK 9724 on 14-9-1975 from Meerut to Rishikesh. When the bus reached a place between Police Station Manglaur and Muzaffarnagar another bus bearing No. UST 9091, coming from the opposite direction and proceeding to Meerut, grazed against the body of the bus in which the appellant was sitting. By the impact of the grazing of the bus the window glass was smashed and the appellant's right hand was cut and slit from above the right elbow joint. He was removed to the Military Hospital, Roorkee for treatment. Both the vehicles belonged to the U. P. State Road Transport Corporation. The appellant filed a claim petition under Section 110-A of the M. V. Act claiming a sum of Rs. 1,30,037.50 paise as compensation and damages. The U. P. State Road Transport Corporation, hereinafter referred to as the Corporation, resisted the appellant's claim on the ground that the drivers of the two vehicles were not guilty of any rash and negligent driving, instead the appellant received injuries and lost his limb on account of his gross negligence in keeping a part of his arm outside the window while the vehicle was in motion. The appellant himself contributed to the accident and as such he was not entitled to any compensation or damages.

(3.) The Tribunal, on the pleadings of the parties, framed the following three issues :-1. Whether the petitioner suffered injuries due to negligent and rash driving of motor vehicles Nos. USK 9724 and UST 9091, as alleged? 2. Whether the petitioner suffered injuries for the reasons of his own negligence? If so, its effect? 3. To what amount, if any, is the petitioner entitled as compensation? On issues Nos. 1 and 2 the Tribunal recorded finding that the drivers of the two buses were not negligent, instead the accident occurred on account of the appellant's own negligence as he was protruding a part of his right hand outside the moving vehicle. On issue No. 3, the Tribunal held that the appellant was not entitled to any amount of compensation, but in the alternative it recorded a finding that the appellant had incurred a sum of Rs. 3000/- towards medical expenses and he was entitled to that amount. He would have been further entitled to a sum of Rs. 25,000/for the injury and mental torture and physical pain suffered by him, if the drivers of the two buses were found negligent. Thus in all the appellant would have been entitled to a sum of Rs. 28,000/-as damages, but since the negligence of the drivers of the buses was not established the Tribunal dismissed the Claim Petition in its entirety. Hence this appeal by the claimant.