JAGDISH Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) Being aggrieved by the award dated 3-3-2005 passed by 3rd MACT, Mandsour in Claim Case No. 141/2002 whereby the claim case filed by the appellant for compensation on account of injuries sustained by the appellant was dismissed, present appeal has been filed.

(2.) Short facts of the case are that a claim case was filed by the appellant before the learned tribunal alleging that on 27-3-2000 appellant was on duty in the Depo of M.P.S.R.T.C. It was alleged that while he was standing in the ground of the said depot at the same time a passenger Bus bearing Registration No. MP-09-D-2850 which was owned by respondent No. 1 and driven by respondent No. 2 hit him due to which he sustained multiple fractures in his left leg. According to claimant, he was hospitalized for undergoing operations and he actually underwent operations in hospital. According to doctor, the permanent disability is to the extent of 25% (in left leg). It is according to claimant proved in evidence also. It was prayed that claim case be allowed and compensation be awarded. The claim case was contested by the respondents. After framing of issues and recording of evidence learned tribunal dismissed the claim case filed by the appellant against which the present appeal has been filed.

(3.) Learned counsel for the appellant argued at length and submits that the impugned award passed by learned tribunal is illegal, incorrect and deserves to be set-aside. It is submitted that learned tribunal has turned down his claim only on the ground that where the appellant was standing was a ground in the premises of M.P.S.R.T.C., which was not a public place. It is submitted that appellant has spent a huge amount in his treatment and permanent disability was assessed by the Doctor as 25% for which medical evidence was adduced by the appellant. It is submitted that appeal filed by the appellant be allowed, award passed by the learned tribunal be set aside and adequate compensation be awarded.