NIKKA SINGH Vs. JANG SINGH

JUDGEMENT

(1.) THIS F.A.O. has been filed by Nikka Singh and has been directed against the award dated 11.11.1995 passed by Motor Accident Claims Tribunal, Yamuna Nagar at Jagadhri which dismissed the claim petition of the appellant under Section 166 of the Motor Vehicle Act.

(2.) THE brief facts of the case are that Nikka Singh appellant filed a petition under Section 166 of the Motor Vehicle Act and claimed a compensation to the tune of Rs. 4 lakh on account of amputation of his leg and it was alleged by the appellant that on 18.9.1993 he was travelling in CTU bus bearing No. CH-01-C 5325 from Chandigarh to Sadhaura, district Yamuna Nagar. When the said bus reached at Sadhaura Chowk, it was about 12 or 12.30 noon and the appellant got down from the front door of the bus which was being driven by respondent No. 1 Jang Singh. The respondent No. 1 in haste started driving the bus in a rash and negligent manner without caring that the appellant had partly stood on the ground and in that process the left foot of the appellant was run over by the wheel of the bus and the appellant suffered amputation of left leg. According to the appellant, the accident took place due to rash and negligent driving of respondent No. 1. It is further alleged by the appellant that he was aged 46 years at the time of accident and was working as press operator in Haryana Small Industries Export Corporation, Chandigarh and was getting Rs. 3,798/- per month as salary. He was also earning Rs. 2,000/- per month from agriculture. He spent Rs. 25,000/- on his treatment.

(3.) THE learned Tribunal framed the following issues for the disposal of the claim petition :-