YASHWANT SINGH BAGHEL Vs. SHIV PRASAD VISHWAKARMA

JUDGEMENT

(1.) Being aggrieved by the award dated 13/3/1996, passed by the Third Additional Motor Accidents Claims Tribunal, Satna in Claim Case No. 38 of 1994 whereby application under section 166 of Motor Vehicles Act, 1988 filed by the appellants, was dismissed. Appellants have preferred this appeal under section 173 of Motor Vehicles Act.

(2.) The facts giving rise to this appeal are that on 25.1.1992 Yashwant Singh, appellant No. 1, was travelling in a bus bearing registration No. MK A 35 from Babupur to Satna and such bus had huge passenger rush and was being driven by respondent No. 1 in a rash and negligent manner consequently met an accident near Badkhal Nala and due to opening of the gate of it appellant No. 1 fell down outside resultantly got injured. He was shifted to District Hospital, Satna where Dr. S.K. Jain, AW 4, treated him and subsequently referred to Bombay for further surgical treatment. According to the pleadings of the appellants, he got fractures of tibia and fibula on the left leg thereby permanent disability has been caused. It is further said that due to this injury, he is not able to discharge his duties as earlier and lot of amount has also been spent over the treatment.

(3.) It was further pleaded that the incident was reported to the police as per Exh. P1 and the respondent No. 2 was registered owner of the bus and insured with respondent No. 3. Initially this claim was preferred claiming compensation of Rs. 3,00,000 and interest.