SUDESH Vs. VIRENDER SINGH

JUDGEMENT

(1.) This appeal by the claimant is directed against the award passed by the learned Motor Accident Claims Tribunal, Jind ( hereinafter referred to as "the Tribunal") vide which the claim petition filed by the appellant under Section 166 of the Motor Vehicles Act, stands dismissed.

(2.) The appellant filed the claim petition on the pleadings, that on 4.8.2006 at about 9.30 A.M. the injured / claimant had boarded bus No. HR- 56-2957 from Narwana bus stand for going to C.R.K. College Jind. When at 9.30 A.M. the bus reached opposite C.R.K. College, Jind, and the appellant was alighting from the main door of the bus, the bus driver all of sudden without receiving any signal from the conductor drove the bus, due to which the appellant fell down on the road and rear wheel of the bus crushed the left leg of the appellant. He was shifted to G.H. Hospital Jind by Nakul, fellow student for treatment, where he was given first aid, and shifted to hospital of Dr. Rajesh Gupta at Narwana, which was being run by his father. He was shifted from there to Chawla Hospital, Hisar, where he remained admitted upto 31.8.2006, when his left leg was amputated. It was the case of the appellant that accident occurred due to the rash and negligent driving of respondent No.1 i.e. the Driver of the bus.

(3.) The claim petition was contested by taking a plea that the petition was false, frivolous and vexatious and filed to extract money from the respondents on flimsy grounds. The factum of accident was denied. No criminal case was registered against the respondent / Driver. The stand taken was that no injury was caused to the appellant in the accident. Similarly other respondents also took the plea, that no accident had taken place on the alleged date , therefore, the appellant was not entitled to any compensation.