AYYUB KHAN Vs. MPSRTC

JUDGEMENT

(1.) BEING aggrieved by the award dated 30.6.2001 passed by 1st AMACT, Khargone in Claim Case No. 37/2001 whereby the claim petition has been dismissed, the present appeal has been filed.

(2.) LEARNED Counsel for appellant submits that appellant was driver of the truck bearing No. MP09 K 6366. On 25.1.1999, a bus bearing No. CIW 7263 which was owned by respondent No. 1 was coming from opposite direction. At the time of over-taking, the bus dashed the truck of the appellant from the back side resulting with the truck of the appellant fell down and appellant sustained injuries. Appellant was hospitalized with effect from 25.1.1999 to 28.1.1999. Appellant sustained fracture in his hand, hence claim petition was filed.

(3.) LEARNED Tribunal after framing of the issues and recording the evidence found that appellant sustained injuries and it was held that amount of compensation comes to Rs. 3,271. It was also found that since the appellant was himself negligent, therefore, the appellant is not entitled for any amount of compensation. Hence, claim petition filed by the appellant was dismissed.