GULABA RAM Vs. DIVISIONAL FOREST OFFICER

JUDGEMENT

(1.) APPELLANT , Gulaba Ram was working as Beldar under Divisional Forest Officer, Bilaspur on daily wages since 1976. He preferred the present claim petition alleging that he was travelling in Jeep No. HIB-99 from Namhol to Bilaspur. It was being driven rashly & negligently at high speed by its driver Dandu Ram (deceased). It fell down nearly 120 feet from the road as a result of which, the claimant sustained injuries on head and arm. He was shifted to Civil Hospital, Bilaspur where he remained from 21.9.1988 to 1.10.1988 whereafter due to the rush at the Hospital he was discharged and continued the treatment at Namhol Hospital for about two weeks and even thereafter the claimant is suffering from severe pain in head, weakness in eye-sight and pain in the right hand thereby disabling him from doing work properly. The further case of the claimant is that at the time of the accident his age was 49 years and was earning Rs. 2, 000/- from all sources. He has also claimed Rs. 8, 000/- spent by him for his treatment. In his-laim petition, the total amount of compensation to the extent of Rs. 2.00 lacs has been claimed.

(2.) ON the other hand, the respondent claims exoneration by submitting that the petitioner got into the jeep at his request made to the driver and the accident took place due to mechanical defect and not because of rash and negligent driving by the driver which fact stands concluded by the version of the police which investigated into the matter and cancelled the criminal case. It is also stated that the petitioner was not working as Beldar but was daily wage labourer on Muster Roll and that he was allowed to perform his daily duties after he was discharged from the Hospital, so he did not suffer any loss.

(3.) THE Tribunal held issues No. 1 and 2 against the claimant and dismissed the petition. It is this order of the Tribunal that has been assailed by the claimant in this appeal.