SHAIK HAROON Vs. ANAND MAHADEV NAIK

JUDGEMENT

(1.) THIS appeal is directed against the Judgment dated 31st January, 1985, whereby the learned Presiding officer of the Motor Accident Claims Tribunal, Margao, dismissed the application for compensation filed Under Section 110-A of the Motor Vehicles Act by the appellant.

(2.) ON 30th June, 1982, an accident took place on the Margao-Vasco road. The appellant sustained injuries in that accident. He was travelling on that particular date in the bus GOT-2366 and proceeding from Margao to Vasco, when the vehicle reached Senaulim and at the turn of a road, pick-up boaring registration No. GDZ 5447 came in opposite direction. The appellant was sitting on the driver's side and on the last seat at the rear of the bus. It appears that, at the time of crossing each other, the vehicles were too near to one another, and therefore, there was an impact between the rear part of the bus and the body of the pick up, and in the process, the appellant got some injuries to his right arm which resulted after the treatment, in weekness of the right upper limb, limitation of elbow, wrist and finger movements, flexion deformity at the wrist joint and diminished sensation over ulnar aspect of the lower half of fore arm and hand.

(3.) THE respondents took the defence that no accident has taken place and that the appellant had sustained the injuries for his own fault as he was travelling in the bus by keeping his arm outside it, on the sill of the window.