MOHAMMAD MOHIUDDIN SIDDIQUI Vs. KARUNA RAI

JUDGEMENT

(1.) This miscellaneous appeal is directed against the judgment passed by the Claims Tribunal in Claim Case No. 99 of 1986/94.

(2.) The aforesaid claim case was filed by one Md. Mohiuddin Siddiqui along with his wife, his minor sons and daughters and their case, inter alia, was that on 13.5.1986 at 12 noon Md. Siddiqui was travelling in a bus bearing registration No. BRZ 9394. When the bus reached near Suara Aerodrome, a truck coming from opposite direction came and crossed close to the body of the bus resulting in the amputation of the right hand of the claimant Siddiqui. The right hand of the injured was chopped off from the elbow portion. The injured was carried to Bose Clinic at Dehri and he suffered permanent disability. The claimant had examined several witnesses on the basis of which the court held that, of course, there was an accident involving the bus and the truck, but since the injured was dangling his right hand out of the window of the bus, it was his own negligence on account of which he got injury upon his right hand and, therefore, the owner of the bus was not liable for paying any compensation amount.

(3.) Before me it was submitted by the claimants-appellants lawyer that the bus was running at a high speed as per the evidence of some witnesses and the truck was also at a high speed and, therefore, the driver of the bus was negligent and, so, the insurance company and the owner of the bus both were liable for paying the compensation amount. Now, the question is whether the owner of the bus was liable for paying the compensation amount and whether the bus driver was negligent in driving the vehicle?