GENERAL MANAGER Vs. SIKANDER SINGH

JUDGEMENT

(1.) AS per the case of respondent No. 1, he suffered injuries on 10.09.2000 in a motor vehicular accident which took place between a private bus No. RJ -31 -P/0217 (in which he was travelling) and Punjab Roadways bus bearing registration No. PB -12 -C -9071 belonging to the appellant (herein after referred to as the 'offending bus') which was being driven by its driver rashly and negligently and struck against the private bus in which the claimant was travelling. Due to impact, several passengers of both the buses received injuries. The claimant had also received multiple serious injuries. He was firstly taken to P.G.I. Chandigarh from where he was referred to Oswal Mohan Dai Hospital, Ludhiana, where he remained for six months as indoor patient and was still under treatment. Operation was conducted and a plate was fitted in his right leg. The claimant has suffered permanent disability to the extent of 30% and has become crippled for the rest of his life. He was unable to walk or sit properly and cannot do any work. He also suffered a great mental, physical and financial loss due to injuries received in the accident and thus, he was entitled to the compensation.

(2.) THE claim petition was contested by the appellants denying the allegations. According to them, the private bus in which the claimant was allegedly travelling, was going from Chandigarh to Sri Ganganagar and not to Patiala as alleged and thus, the claimant has concocted a false story. The private bus was plying on the date of occurrence of accident in illegal manner and did not have a valid route permit. The route permit of the said bus, (driver of which had also died in accident), was from Sangria to Malout. Even the said driver was not having any valid and legal driving licence at the time of accident. In fact, the driver of the offending bus was driving the bus on the left side of the road on its correct side at normal speed and the accident did not take place due to negligence of the offending bus. In fact, the driver of the private bus became confused suddenly noticing the car coming from the opposite side and while avoiding the mishap, he lost control and collided with the bus of appellants. A wrong FIR has been registered against the driver with regard to accident in connivance with the local police. Even as per the report of the Committee appointed by the Director State Transport to look into the cause of accident of the offending bus, the accident took place due to rash and negligent driving of the private bus in which claimant was travelling and not due to fault of driver of the offending bus. Thus, claim petition was liable to be dismissed.

(3.) RELIEF .