JAGJIT SINGH Vs. HARYANA ROADWAYS

JUDGEMENT

(1.) this is claimant's (appellant herein) first appeal directed against award dated 20.3.1986 of motor accidents claims tribunal, karnal (hereinafter referred to as 'the tribunal').

(2.) the brief facts giving rise to present appeal are that when claimant jagjit singh was standing at the bus stand, karnal on 28.11.84 at about 5.00 p.m., bus No. hyk 4671 driven by gurdial singh, driver came at a very rash speed. the bus struck against the claimant, as a result of which he fell down and his right foot was run over by the wheel of the bus. the claimant received serious injuries. according to the claimant, two fingers and thumb of his right foot had to be amputated having been crushed. in his claim petition, the claimant averred that he was about 65 years of age, doing business and agriculture and farming. he further stated that he was partner of singh rice mills and sole proprietor of singh rice traders. he had a farm at gwalior and was earning Rs. 2,00,000 per annum. he stated that he had come from Delhi and was going towards his residence when his foot was run over by the bus. he averred that he was brought to civil hospital, karnal wherefrom he was shifted to P.G.I., chandigarh. he further averred that he has spent Rs. 31,000 on his treatment which was continuing. he stated that he had suffered great pain and agony and that there was loss of enjoyment of life and that he had been permanently disabled and would not be able to do his business and agriculture. he contended that after the accident there was loss of income as he would not be able to earn in future on account of permanent disability. he also prayed for interest at the rate of 12 per cent per annum from the date of petition till realisation.

(3.) the claim petition was resisted by respondent Nos. 1 and 2. respondent No. 3 also adopted the written statement filed on behalf of respondent Nos. 1 and 2. respondents contended that the claimant absent mindedly without caring for the bus, came running and put his foot under the front wheel of the bus. they further averred that the driver of the bus stopped the bus then and there. respondents thus denied that the accident took place due to rash and negligent driving of gurdial singh, driver.