MADHYA PRADESH STATE ROAD Vs. SHARAD NATHOORAM MAHIMKAR

JUDGEMENT

(1.) THIS appeal under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) is filed by the non-claimant, Madhya Pradesh State Road Transport Corporation, Bhopal (in short MPSRTC) against an award dated 20-1-1983, whereby the Motor Accidents Claims Tribunal, Seoni, (hereinafter referred to as the Tribunal) has awarded Rs. 30,500/- in favour of the Claimant Sharad Nathooram Mahimkar, a Bombay based trader.

(2.) IN short: the respondent filed a claim petition before the Tribunal against the MPSRTC, on the ground, inter alia, that he was travelling in a passenger bus belonging to the appellant bearing registration No. CPM 8604 as a bonafide passenger from Nagpur to Jabalpur via Seoni on 31-12-1981. Just eight kilometers ahead of Seoni the said bus dashed against the stationery truck bearing No. MPC 1758. The bus was driven rashly and negligently by Sheikh Ahmad who died on the spot instantly. As a result of the accident the respondent sustained severe injuries on his fore-head, nose, right shoulder, clavicle bone, right foot and left foot and on both hands. The impact of the accident was so serious that the bus rolled on 50 feet and then dashed against a tree. The Respondent was hospitalised in the Seoni District Hospital. On X-Ray examination, fracture of right clavicle bone, fabula and tibia bone were found. The respondent remained in the hospital till 3-1-1982 and was discharged on 4-1-1982.

(3.) HOWEVER , having found that the respondent was a bonafide passenger in the appellant's bus which met with the alleged accident on 31-12-1981 and the bus was driven rashly and negligently by the driver which dashed against a stationery truck bearing No. MPG 1758 and the claimant sustained injuries as averred in the claim petition, the learned Tribunal awarded compensation in favour of the claimant to the tune of Rs. 30,500/-,