MOHINDER SINGH Vs. GENERAL MANAGER, PUNJAB ROADWAYS

JUDGEMENT

(1.) Mohinder Singh is in appeal against the Award given by Motor Accident Claims Tribunal, Jalandhar (for short, 'the Tribunal' ) whereby his prayer for award of compensation on account of the injuries suffered by him while travelling in a Bus, was declined.

(2.) The facts, in brief, are that Mohinder Singh was travelling in a Panjab Roadways Bus bearing registration No. PUX-3101 on 22.7.1987. At about 9.00 A.M. on the said date, when the bus reached in the vicinity of Village Bassla on Phagwara- Nawanshar Road, a truck approached from the opposite side. The appellant, who was sitting near the window with his arm resting on the window. While the bus and truck crossed each other, the appellant suffered fracture on his arm which he was resting on the window. In this accident, another person Avtar Singh also received similar injuries. The appellant was first kept in the Primary Health Centre, Dhahan and was subsequently referred to C.M.C., Ludhiana, where he remained admitted as an indoor patient. The appellant suffered multiple fractures on his right arm and had remained under treatment in C.M.C., Ludhiana till 16.9.1987. He claimed to have spent Rs. 30,000/- and was still under treatment when he appeared in support of his claim petition filed on 13.1.1988. In this petition, the appellant has sought compensation of Rs. 1,00,000/- on account of the injuries suffered by him.

(3.) Notice of this petition was given to the respondents including the bus driver, respondent No. 3. A joint written statement was filed on behalf of respondents No. 1 and 2 whereas respondent No. 3, driver of the bus, filed a separate written statement but on similar lines. It was conceded that on 27.7.1987, the bus was driven by respondent No. 3. As per the respondents, the bus had been brought to a halt at Bus Stop of Village Bassla. It is at that stage that the truck being driven rashly and negligently came from the opposite direction and while crossing the bus at high speed, struck against the stretched arms of the two occupants of the bus. It was, thus, pleaded that the accident took place on account of the negligence on the part of the truck driver who had caused this accident while in the process of cross the bus. It was also pleaded that the claim petition was bad for non-joinder of proper parties inasmuch as the truck driver had not been joined in the proceedings.