RAMESHCHANDRA Vs. M.P. STATE ROAD TRANSPORT

JUDGEMENT

(1.) THIS appeal under Section l10-D of the Motor Vehicles Act 1939 (for short 'the Act') is directed against the Award dated 3-2-1983 made by the Motor Accidents Claims Tribunal, Dhar in Claim Case No. 96 of 1981 whereby the appellant's claim has been only partly allowed.

(2.) THE undisputed facts of the case are that at about 8.00 a.m. in the morning of 4th January 1981, the appellant from the village Bag was travelling by the passenger bus bearing registration No. M.P.W. 8188 belonging to the M P. State Road Transport Corporation, Bhopal (respondent No. 1). The bus met with an accident on the bridge of the river Agar which is situated at a distance of 6 k ms. from Bag. Colliding against the poles of the bridge, it has fell down on the bed of the river. At the relevant time it was being driven by Gokul Prasad, the respondent No. 2, the employee of the Corporation.

(3.) THE respondent No. 1 Corporation resisted the claim. According to it, the bus was being driven at slow speed. Due to uneven surface of the bridge the main spring leaf was broken and this had resulted in loss of control over the vehicle and the accident look place. It was denied that the accident had occurred due to any negligence on the part of the driver of the bus. The allegations regarding injuries to the appellant and his entitlement for compensation were also controverted.