AJMEER GOVIND Vs. PRINCIPAL AND CORRESPONDENT ARVINDO RESIDENTIALSCHOOL BODHAN NEAR RAILWAY STATION BODHAN NIZAMABAD DISTRICT OWNER OF SCHOOL BUS

JUDGEMENT

(1.) grieved by the award of the Motor Accident Claims Tribunal -Cum- Additional District Judge, Nizamabad, dated 20.11.1998, in awarding Rs.75,000/- as compensation for the injuries received by him in a road accident, that has taken place on 10.8.1994, the claimant preferred this appeal.

(2.) It is the case of the claimant that he is a resident of Jallapalli Farm Kotgir and on 10.8.1994 at about 5.30 p.m., while he was coming on a cycle on the road near Hangirga farm B.T. Road, on Pothangal check post to Kollur road, the driver of the bus bearing no. AAJ- 5599 belongs to Arvindo Residential School, Bodhan, driven by its driver in a rash and negligent manner with high speed dashed against him due to which he fell down and the bus ran over on his legs and thereby he sustained fracture on both legs and also multiple injuries all over his body. Immediately, he was admitted in the Government Hospital at Kotgir. On the same day he was shifted to Government Hospital, Nizamabad for better treatment. As per the version of the claimant, he was in the hospital for about two months and he was treated in Orthopaedic ward as he got crush injury with loss of skin from knee to ankle and also got operated twice. According to him, he is aged about 28 years. Since there was loss of muscle power in the right leg he was unable to attend to any work. He also stated that he is having Ac. 2.00 of agricultural land and he has also doing some commission business and thereby earning about Rs.5000/- per month. Hence he filed the petition claiming compensation of Rs.2.00 lakhs. The victim - claimant himself examined as P.W.1 besides the doctor, who treated him at Government Hospital, Nizamabad as P.W.2 and one Pradeep Kumar, the villager to speak about the income of the victim - claimant, as P.W.3. Documents Ex-A1 to A9 were marked. On behalf of the respondents, neither any witnesses were examined nor any documents marked.

(3.) The Tribunal after appreciation of the evidence, recorded a finding that the accident has occurred due to rash and negligent driving of the driver of the vehicle bearing no. AAJ - 5599, belong to Arvindo Residential School, Bodhan, and awarded a lumpsum of Rs.75,000/- as compensation. As far as the injuries received by the claimant - P.W.1 is concerned, P.W.2 the doctor, who treated him in the Government hospital issued Ex-A4 discharge sheet, Ex-A8 Disability Certificate and Ex-A9 case sheet. From the case sheet Ex-A9, it is seen that the claimant was admitted in the Government Hospital, Nizamabad on 10.8.1994 and was discharged on 17.10.94. Though the claimant in his evidence stated that he underwent operation twice, case sheet, Ex-A9 reveals that he was operated on 26.9.1994. As per Ex-A8, the doctor opined that the claimant got 50% permanent and partial disability. The photograph of the claimant shows that with the fractured leg he was unable to attend to any work. As per the Ex-A5 photos, it can be safely presumed that he was cannot attend to any work .