NIRMAL SINGH Vs. HARYANA ROADWAYS

JUDGEMENT

(1.) THIS is an appeal filed by Nirmal Singh S/o Santokh Singh, hereinafter described as "the appellant", directed against the award of the Motor Accident Claims Tribunal, Kurukshetra, dated 19. 3. 1987. By virtue of the impugned award, learned Tribunal dismissed the application filed by the appellant seeking compensation.

(2.) THE appellant is a carpenter. On 20. 8. 1995 he was travelling in a bus of Haryana Roadways bearing registration No. HYR 6711. The bus was going towards Pehowa. The appellant was occupying one of the seats on the back side of the bus and was sitting next to the window. When the bus reached near village Thyol at about 2. 30 p. m. , a car come in front of the bus. Meanwhile a truck also came from the opposite direction. The driver of the bus applied brakes and took the vehicle towards his left. In the meantime, the hind portion of the bus hit with the truck. The right elbow of the appellant was fractured. The driver of the bus took the appellant to the hospital at Pehowa. Thereafter, the appellant was referred to hospital at Karnal. The sister of the appellant was also travelling in the bus. The appellant claimed compensation of Rs. 1,10,000.00 from the respondents for the rash and negligent driving of bus by Des Raj, driver of Haryana Roadways Bus. He claimed that his monthly income was Rs. 1,500/ -. His one arm has been disabled.

(3.) LEARNED Motor Accident Claims Tribunal framed issues and with respect to issue No. 1, the Tribunal returned the finding that driver of the bus while driving the bus cannot notice each and every passenger who has taken out his limb outside. It is not the fault of the driver and, therefore, there was no rash or negligent act on the part of Des Raj driver. Keeping in view the said finding, the appellant was held not entitled to any compensation. The claim petition was accordingly rejected.