VINOD KUMAR Vs. CHANDIGARH ADMINISTRATION ETC

JUDGEMENT

(1.) This appeal has been filed by the appellant challenging the award dated 05.12.1996 passed by the learned Motor Accident Claims Tribunal, Rupnagar (hereinafter referred to as "the Tribunal"). The learned Tribunal has dismissed the claim petition filed by the appellant under Section 166 of the Motor Vehicle Act (hereinafter referred to as the "Act") claiming compensation on account of the injuries sustained by him in a Motor Vehicle Accident which took place on 19.09.1993. A sum of Rs. 12500/- has been awarded on the basis of the principle of "No Fault Liability". Thus aggrieved, the appellant has filed the present appeal.

(2.) It is averred that the appellant was going to Kangra from Chandigarh on a bus bearing registration No. CH-019-5128 of the Chandigarh Transport Undertaking on 19.09.1993. When the bus reached near the Rest House, Anandpur Sahib, at about 8 A.M a truck was found coming from the opposite direction. A cyclist suddenly came in front of the truck. The truck driver turned his truck slightly towards the right side in order to save the cyclist. The driver of the bus was stated to be driving the bus in a rash and negligent manner, therefore, he could not control his bus and there was a collision between the truck and the bus. The appellant received injuries due to this accident. His right arm was fractured and he was shifted to Civil Hospital, Anandpur Sahib. He was referred to P.G.I. Chandigarh where he was operated upon. Unfortunately, his right arm had to be amputated. It is averred that the appellant was the sole bread winner of his family and due to the accident he could not continue with his life in a normal fashion. Compensation to the tune of Rs. 3,00,000/- was claimed. The claimant/appellant was stated to be 23 years of age, earning a sum of Rs. 2200/- per month working as Computer Operator.

(3.) The Ld. Tribunal on considering the facts and circumstances as well as the evidence on record held that the appellant-claimant failed to prove that the accident in which he sustained injuries was caused due to the rash and negligent driving of Bus No. CH-01-G-5128 driven by respondent No.3.