MADAN SINGH Vs. HAMID

JUDGEMENT

(1.) THIS appeal has been filed against the judgment date 11.4.2002 passed by the Additional Motor Accident Claims Tribunal, Barwaha in Claim Case No. 34/2001, whereby the claim of the appellant was dismissed.

(2.) THE brief facts of the case are that on the alleged dated of incident i.e. 20.9.1999, the applicant was travelling by the alleged bus bearing Registration No. MPN-7333 from Barwaha to Dhamnod, when near Village Barlai and Piplia, the vehicle had stopped for the alighting of the passengers and for the fresh passengers to come in. When suddenly, the driver non-applicant No. 2 negligently and rashly started the bus, as a result of which, conductor closed the door in a hurry. Since the applicant/ appellant was sitting near the door, his hand was in between the door, his fingers were crushed as a result of sudden closure of door. As a result of the grievous injury his hand started bleeding. On hearing shouts, other passengers helped him and stopped the bus and the applicant/appellant was taken to Dr. Kotwal at Dhar for treatment. Thereafter, the applicant/ appellant received treatment from Dr. Jayesh Jain at Sanawad and filed a claim before the Claims Tribunal for compensation of Rs. 80,000/- for the injuries received by him in the said accident.

(3.) ON consideration of the evidence on record, the Claims Tribunal came to a conclusion that the accident did not occur due to negligence of the bus-driver, however, assessed the compensation as a result of injury at Rs. 2,300/- and dismissed the claim and being aggrieved, the applicant/ appellant filed the present appeal.