KULDIP SINGH Vs. KRISHAN KHAN AND ORS.

JUDGEMENT

(1.) The appellant, who lost his arm while travelling in bus bearing registration No.PB-11E-8725, driven by respondent no.4, owned by respondent no.5 and insured by respondent no.6, has filed this appeal against the Award of the learned Motor Accidents Claims Tribunal, Fatehgarh Sahib, by which he was awarded a total sum of Rs.1,25,000/-, payable by respondents no.1 to 3, who were held liable to pay the same jointly and severally.

(2.) The facts of the case, as taken from the Award of the Tribunal, are that on 29.08.1996, at about 5:30 PM, when the appellant was travelling in the aforesaid bus from Patiala to Sirhind, and was sitting on the 3rd seat behind the driver, he had placed his arm on the body of the bus, with the window pane open. One Gurmeet Singh is stated to have been travelling in the same bus and was sitting three seats ahead of him (as stated in the Award). When the bus reached near an electricity grid near village Chaurwala, the tempo/pick-up van aforementioned, came from the opposite side, driven in a rash and negligent manner by respondent no.1, which struck against the bus, thereby leading to severance of the appellants' arm from the shoulder.

(3.) The factum of the accident not having been disputed, the Tribunal exonerated the driver of the bus, i.e. respondent no.4, of all negligence but held the appellant and respondent no.1 to be equally negligent, inasmuch as, it was held that by keeping his arm on the window pane, the appellant had not taken necessary precautions, whereas, at the same time, respondent no.1 had driven his vehicle too close to the bus, thereby endangering passengers in the bus.