BADRI SINGH Vs. GAUTAM TRAVELS

JUDGEMENT

(1.) The appellant/ claimant has filed this appeal under Section 173 of Motor Vehicle Act, 1988 being aggrieved by the award dated 20.2.2006 passed by 6 th Motor Accident Claims Tribunal, Rewa in Claim Case No.30/2005 whereby the claim of the appellant has been dismissed in toto.

(2.) The facts giving rise to this appeal in short are that the appellant being a practicing lawyer, aged about 54 years was travelling in the bus bearing registration No. M. P. 17-A/4680 on 13.3.2004 from Churhat to Rewa. The same was driven by respondent No.2 in rash and negligent manner, resultantly on the way the same was turned turtle, consequently, in such incident he sustained the injuries on his head, neck, ear and chest. Immediately after the incident on receiving the information in this regard a crime was registered at P. S. Gurh. After holding investigation the respondent No.2 was charge sheeted for the concerning offence. After sustaining the injuries in the alleged accident the appellant went to GMH hospital, Rewa for treatment, where on OPD ticket number 5880 the preliminary treatment was given to him by the duty doctor. MLC report (Ex. P.1) was also prepared, according to which he sustained three abrasions and one tenderness on different part of his person. On such day he was also advised for for x-ray of his knee and spine and was referred to CMO to do the needful. Subsequently, in continuation of his treatment his further OPD ticket No.3446 was prepared on dated 19.6.2004, according to which he was also advised to carry out C. T. Scan of head, back and cervical. Thereafter on the OPD ticket No.2400 dated 25.3.2004 he was again examined by the doctor and some report was prepared, according to which he was again advised for x-ray and C. T. Scan. The same was carried out. As per further averments of the claim petition due to aforesaid alleged injuries the appellant has sustained permanent disability in one of the ear. On account of aforesaid injuries he suffered the physical and mental agony. On the date of the incident the aforesaid bus driven by respondent No.2 was registered in the name of respondent No.1 while the same was duly insured with respondent No.3. With these pleadings the appellant has preferred his claim for compensation of Rs.10,00,000/-.

(3.) As per record of the Tribunal inspite service of notice on the respondents none of them was either appeared or filed their written statement, on which the case was proceeded ex-parte against them.