SHIV PRASAD Vs. M.P. STATE ROAD TRANSPORT

JUDGEMENT

(1.) CLAIMANT Shiv Prasad filed the claim petition against M.P. Road Transport Corporation (hereinafter referred to as the MPSRTC) and two others claiming compensation to the tune of Rs. 2,96,000/- for the injuries he sustained during the course of the accident.

(2.) IN short: his case is that in MPSRTC Truck bearing registration No. CPJ 8815 he was employed as a loader. On the date of accident i.e. on 31-1-1982 at about 3 00 p.m. while returning from village Pachdhar, Tehsil and District Seoni to Khurai, the driver respondent No 2 Rishi Kumar unauthorised handed over the truck to respondent No. 3. Devendra Singh for driving from village Khwasha. It is alleged that Devendra Singh drove the vehicle at a very high speed rashly and negligently without caring for the lives of coolies aboard the truck. Finally be could not control the vehicle because of excessive speed and while passing a truck coming from opposite direction, it dashed against the culvert dug by the Public Works Department.

(3.) IN X-ray it was found that the said injury has resulted in fracture of skull and, therefore, the claimant was admitted in the Main Hospital Seoni. The claimant also got himself examined at Mayo Hospital, Nagpur and it was detected that the injury was grievous. The claimant thus had to suffer great physical pain, mental shock, agony and worry due to the aforesaid accident.