SANJAY ARORA Vs. PRITAM SINGH

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act has been filed by the claimant whose claim petition has been dismissed by the Motor Accidents Claims Tribunal (I), Kangra at Dharamshala vide award dated 5.9.1994.

(2.) The facts giving rise for disposal of the present appeal are that according to the claimant-petitioner on 29.5.1992 he was travelling from Kangra to Palampur by a scooter No. PB 08-9810. He claims that he was driving the scooter and was alone on the scooter. At a place known as 61 Miles, a bus bearing registration No. HP 39-201 belonging to H.R.T.C., respondent No. 2 and driven by Pritam Singh, respondent No. 1, is alleged to have come from the opposite direction. He further alleged that the said bus was driven by its driver in a rash and negligent manner and it struck against the scooter as a result of which he was thrown on the ground. The appellant- claimant claims that he sustained multiple grievous injuries including fracture of his right leg. He stated that his right leg was amputated at the mid-thigh level resulting in 80 per cent permanent disability.

(3.) The respondents resisted the claim petition and they have stated that scooter was not hit at all by the bus. As per the respondents, there were three persons riding on the scooter and the scooter was driven by one Mohinder Singh and the claimant was in fact a pillion rider. As per version of the respondents, there was no impact between the bus and the scooter. All the three persons riding the scooter were in state of intoxication. The scooter skidded and fell down resulting in injuries to the three persons. The respondent No. 1 as a humanitarian gesture had taken the three injured to the hospital where they were got admitted.