JUDGEMENT
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(1.)DELIVERED by Sri Surendra Kumar, Senior Member : This is an appeal
against the judgment and"ยข order dated 06.05.2003 passed by the District
Forum, Udham Singh Nagar by the appellant.
(2.)THE brief facts of the case are that the appellant's daughter Neha Suteri was a student of Class II in the respondent school. She used
to go to school by cycle rickshaw from her residence and come back. The
respondent was charging Rs.70/ - (Rupees Seventy) per month as fare from
him. On 25.04.2001 when the daughter of the appellant was coming back
from school, the cycle rickshaw met with an accident in which the
daughter of the appellant was injured and the elbow of her right was
fractured. Appellant spent a sum of Rs. 20,000/ - (Rupees Twenty Thousand)
on her treatment. He asked for financial help from the opposite party but
it did not hear. Hence he filed the complaint.
(3.)THE respondent in its written statement admitted that the cycle rickshaw is for taking the students to school and for sending them to
their residence and the transport service is maintained properly. They
till today have not received any complaint about this. They denied that
the accident on 25.04.2001 and said that when the daughter of the
appellant after leaving the cycle was walking, she fell down at a stone
and she was injured. The rickshaw puller (driver) brought her from there
to her residence and the respondent has also visited appellant's
residence to see the injury of its student and there is no deficiency of
service on their part, it was a simple injury, there is no question of
any compensation.
The Learned Forum dismissed the complaint, therefore the complainant filed this appeal. We have heard the learned counsel for the
parties and come through the records.
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