DHARAM DEV Vs. MOHINDER SINGH

JUDGEMENT

(1.) THIS judgment shall dispose of two cross-appeals as they arise out of the same award.

(2.) MOHINDER Singh (hereinafter referred to as 'the petitioner')filed a claim petition under section 166 of the Motor Vehicles act with the Motor Accidents Claims Tribunal, Mandi. In this claim petition it was alleged that on 13. 1. 2000 he had purchased ration from a shop at village Tilli. It was about 6. 15 p. m. He was waiting for a bus to go back to his village. Bus No. HP 33-5409 owned by the H. R. T. C. and driven by Dharam Dev came. The claimant gave a signal that the bus be stopped. The bus was stopped by the driver and the petitioner was getting on to the bus when the driver of the bus without waiting for any signal from the conductor started the bus as a result of which the petitioner fell down and suffered injuries. The respondent No. 3 did not stop and drove the bus towards mandi. The petitioner was taken to the zonal Hospital at Mandi and he remained under treatment as indoor patient and has suffered 5 per cent permanent disability. It was alleged that he used to work as mason and carpenter and claimed compensation of Rs. 5,00,000.

(3.) THE claim petition was contested on various grounds. It was contended that the petitioner had not met with an accident with the bus at all and that he had fallen down from the stairs in his own house and had filed a false and vexatious claim.