SURJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order of mine shall dispose of the present appeal which has arisen out of the judgment dated 30.7.1988 rendered by the Motor Accident Claims Tribunal, Kurukshetra (hereinafter to be referred to as the "Tribunal"), in MACT Case No. 47 of 1987, vide which the petition filed by the claimant under Section 110-A read with Section 92-A and 92-B of the Motor Vehicle Act, for grant of compensation was dismissed.

(2.) In brief, the facts of the case are that on 25.12.1986, Surjit Singh was driving the Haryana Roadways Bus bearing No. HRQ 4463 from Shahbad to Ladwa, at about 6.50 AM and reached Babain at about 8.05 AM. He then left Babain for Ladwa and had hardly covered a distance of 1/1-2 furlong when another Haryana Roadways Bus bearing No. HRL-9217 was seen coming from the front side, which was being driven by Karamvir Singh, respondent No. 3 There was fog at that time. So the other bus became visible to the petitioner when it was hardly 70-80 yards from his bus. One cyclist suddenly came in front of the bus of respondent No. 3 and in order to save the cyclist, respondent No. 3 took his bus slightly towards the wrong side and it hit the bus of the petitioner. In the accident the petitioner sustained injuries on his right leg and was immediately shifted to Civil Hospital, Babain by the passengers and from there he was referred to Civil Hospital, Kurukshetra, where he was operated upon for the fracture suffered by him in the accident. The petitioner, thus, claimed that he remained admitted in the Hospital for few days but his treatment continued for three months. Through the instant claim petition, the petitioner claimed an amount of Rs. 5000/- as compensation.

(3.) No written statement was filed by respondents No. 1 and 2 despite opportunity given to the respondents. The respondent No. 3 upon notice contested the claim petition by setting up the plea that the petitioner is estopped from filing the claim petition by his own act and conduct because the accident in question had taken place due to his own negligence and carelessness. It was also pleaded that the expenses incurred by him on his medical treatment has already been claimed by him from the office of General Manager, Haryana Roadways, as reimbursement of medical charges as are admissible to the Haryana Government Employees. It was also pleaded that admittedly an inquiry is pending against him regarding this occurrence. He, thus, prayed for the dismissal of the petition.