ANTIM Vs. INDERSINGH AND ANOTHER

JUDGEMENT

(1.) Being aggrieved by the award dated 31st Jan., 2007, passed by Additional M.A.C.T. Jobat, in claim case No. 34/2006, whereby the claim petition filed by the appellant was dismissed, the present appeal has been filed.

(2.) Short facts of the case are that appellant filed a claim petition alleging that on 28th Dec., 2004, appellant was travelling in a bus bearing registration No. C.I.F. 32, which was owned by respondent No. 2, driven by respondent No. 1 and insured with respondent No. 3. It was alleged that because of rash and negligent driving the bus met with an accident with the result appellant sustained fracture of clavicle bone along with number of other co-passengers. It was alleged that since the accident occurred because of rash and negligent driving of respondent No. 1, therefore, appellant is entitled for compensation. Along with claim petition number of claim petition were also filed which were contested by the respondents.

(3.) After framing of issues and recording of evidence learned Tribunal found that accident occurred because of rash and negligent driving of respondent No. 1, but dismissed the claim petition filed by the appellant only on the ground that accident took place on 28th Dec., 2004, while M.L.C. was dated 1st Jan., 2005 and the X-Ray report was of 3rd Jan., 2005.