MOHAMMAD ARSHAD Vs. NAIMUDDIN NASIMUDDIN

JUDGEMENT

(1.) This miscellaneous appeal arises out of a judgment and award dated 26th July, 1983 passed by Mr. Om Prakash, Judicial Commissioner, Ranchi in Miscellaneous Judicial Case No. 106 of 1982, whereby and whereunder the application for claim filed by the appellant in terms of Section 110-A of the Motor Vehicles Act (hereinafter referred to as 'the Act') was dismissed as not maintainable.

(2.) The facts of the case lie in a very narrow compass. The appellant, who was aged about 26 years, was working as a cleaner on a monthly salary of Rs. 300/- under Messrs Naimuddin Nasimuddin, the respondent No. 1 in this appeal. On 16.7.1981 while he was travelling in a bus bearing registration No. ORN 475 in course of his duty, he met with an accident when the said bus was coming from Rourkela to Ranchi near village Korian Dembo Toli. According to the appellant, while the bus was taking a turn after crossing a culvert at about 7.30 a.m., a truck bearing registration No. BRV 6285 came from the opposite side and collided with the bus on its right side towards the rear portion. According to the appellant the bus fell down and he suffered multiple injuries including fracture of pelvis and partial loss of eyesight. The appellant was hospitalised on 17.9.1981 and was discharged on 28.10.1981.

(3.) The appellant stated in his application for claim that by reason of the aforementioned accident, he has become permanently disabled and thus he having lost his earning capacity, filed the said application claiming compensation under Section 110-A of the said Act to the extent of Rs. 50,000/-, inter alia, on the ground that he was the only earning member of his family consisting of his parents, wife and children.