GURSAHAI RAM Vs. SECRETARY, TRANSPORT, PUNJAB

JUDGEMENT

(1.) Claim petition filed by the appellant before the learned Motor Accident Claims Tribunal, Bilaspur was dismissed on 2.9.1998. Reason for such dismissal was that the appellant failed to prove that he suffered injuries in the accident involving vehicle bus No. PB -12A -8743 being driven by Surjit Singh, respondent No. 3. It was not disputed that at the time of accident, the bus in question was owned by respondents No. 1 and 2 and was being driven by respondent No. 3 Surjit Singh and it was on way from Ludhiana to Manali.

(2.) According to the appellant when this bus reached Bilaspur, he boarded the same since he was to go to Bairi. According to >him, the bus stopped at Bairi, when he tried to disembark from the bus on 1.5.1995, driver started it. This resulted in his (appellant) falling down. He sustained fracture in his left leg. Cause of this accident was negligence on the part of respondent No. 3. His further case was that his monthly income was Rs. 4,000. He remained as indoor patient for 42 days in the District Hospital, Bilaspur and continued his treatment till the date of filing of the claim petition. He attached some bills of medicines with the claim petition. Thus, a compensation of Rs. two lacs was claimed.

(3.) Respondents No. 1 and 2, when put to notice denied the contents of paras 1 to 7 of the claim petition for want of knowledge. While admitting the factum of accident, they pleaded that the accident was due to sheer negligence of the appellant. According to them, the appellant was not entitled to any compensation. Thus, they prayed for dismissal of the claim petition.