INDER SINGH Vs. HIMACHAL ROAD TRANSPORT

JUDGEMENT

(1.) THIS appeal is directed against the award of Motor Accidents Claims Tribunal, Shimla, dated 21st, February, 1991, whereby claim for compensation under Section 166 of the Motor Vehicles Act, 1988, has been dismissed. The appeal comes to this Court in the following circumstances:

(2.) THE claimant Inder Singh was travelling in bus No. HPS 4387, belonging to Himachal Road Transport Corporation on 8th September, 1989. The bus met with an accident at Sainj in Teshil Theog. As a result of this accident, the claimant sustained injuries to the lower limbs of his body and became totally paralytic. The claimant asserted that the accident took place due to rash and negligent driving of the vehicle by the driver. He sought compensation to the tune of Rs. 10,00,000/ on various counts. This petition was resisted by the respondent. It has been stated that the claimant had already been paid Rs. 500/ by way of interim relief and in case it is found that the claimant is entitled to compensation, this amount should be deducted from the compensation. On merits, the age, the income, the injuries sustained by the claimant, expenses incurred on treatment, etc., have been denied. Besides, it has been stated that the claim is too excessive.

(3.) THE perusal of the award discloses that the Tribunal came to the conclusion that the claimant did not establish the question of negligence in the sense that no specific plea was raised in the claim application, nor evidence was produced to substantiate the same, may be that it was raised in the rejoinder.