VIJAY KUMAR Vs. J&K SRTC

JUDGEMENT

(1.) Aggrieved of the dismissal of claim petition by Motor Accident Claims Tribunal, Jammu, the claimant (hereinafter to be referred to as "the appellant") has filed the appeal on hand assailing the findings recorded by Tribunal.

(2.) Briefly put, the appellant's case before the Tribunal was that on 12.07.2007, while he was travelling in bus bearing Registration No.JK02Y-362 from Haridwar towards Jammu, the bus collided with an unknown truck coming from the opposite direction. This is stated to have happened at about 6.30 am near Shiver Military Gate, Samba allegedly in consequence of the bus driver having lost control with the vehicle. Thus, rash and negligent driving was attributed to respondent no.2 during the course of his employment under respondent No.1 - J&K SRTC - the owner of bus. Appellant, alleged to have sustained grievous injuries to his right arm resulting in its amputation, sought compensation to the tune of Rs.23.00 lac from respondents. Respondents in their replies pleaded that the accident was not caused due to fault of respondent No.2 but the same was the result of negligence of the driver of the unknown truck. Parties joined the following issues;

(3.) Upon consideration of the evidence brought on record by the parties during inquiry, the Tribunal found that the appellant has failed to establish that the accident was caused due to negligence of bus driver though it was established that the appellant had suffered injuries due to motor vehicular accident involving the bus in question and an unknown truck. Thus, holding that since appellant had failed to prove negligence of respondent No.2 in causing the accident, the claim petition was dismissed.