YASIN KHAN Vs. GUMAN SINGH AND OTHERS

JUDGEMENT

(1.) The claimant has preferred this appeal against the award dated 23rd January, 1992 made by the Motor Accident Claims Tribunal, Balotra in Claim Case No. 10/1987 whereby the Tribunal has rejected his claim for compensation.

(2.) The claimant-appellant submitted the claim application with the averments that on 11th September, 1986 he was travelling from Balotra to Jodhpur in a bus belonging to the Rajasthan State Road Transport Corporation ('the Corporation') bearing registration No. RNE 4926 that was driven by the non-applicant No. 1 Guman Singh; and the bus, being driven in a brisk speed negligently, hit against a camel-cart and because of such accident three fingers of his left hand were chopped off and he suffered grievous injuries at his left arm. Detailing out the loss suffered by him for losing three fingers and for other bony injuries at the left arm, the treatment expenditure and pain and sufferings, the claimant sought compensation in the sum of Rs. 4,47,000. The claim application was contested by the driver of the bus, non-applicant No. 1 with the submissions that the claimant was reading a book while keeping his arm out of the window, and got injured on being hit by an oncoming camel-cart; that he did not sustain any injury on account of rash or negligent driving of the bus and on the contrary the driver and the conductor repeatedly warned him not to hang his arm out of the window but he did not care. The non-applicant Nos. 2 and 3 submitted that the passengers were warned not to put any limb out of the running bus and the claimant was specifically warned by the driver and the conductor but he did not care and sustained injuries by keeping his arm out of the window. The quantum of compensation claimed was also put to contention.

(3.) The learned Tribunal framed the following issues for determination of the questions involved in the claim case: