RAM SARUP Vs. RAGHBIR AND OTHERS

JUDGEMENT

(1.) The present appeal has been preferred by the appellantclaimant Ram Sarup against the award dated 19.11.1997 passed by the learned Motor Accidents Claims Tribunal, Jind (hereinafter called the Tribunal), vide which the claim petition filed by the appellant-claimant has been dismissed.

(2.) As per the averments in the claim petition, on 13.12.1994 the claimant was going to Jind Cooperative Sugar Mill, Jind in tractor-trolly bearing registration No.HRV-4599 to supply the sugarcane loaded in a trolly. The said tractor was owned by respondent No.6 Dalip Singh and was taken on hire by the appellant. It was being driven by respondent No.5 Rajbir Singh at slow speed. Smt. Omi, the wife of appellant, was also sitting on the said tractor. The said tractor was hit by bus bearing registration No.HRV-3887 being driven by respondent No.1 Raghbir in a rash and negligent manner, due to which the appellant-claimant fall down. The trolly turned over him and he suffered the injuries.

(3.) The claim petition has been contested by the respondents. It was pleaded that the bus bearing registration No.HRV-3887 was never involved in any accident. The appellant received the injuries due to breaking away the hook of the trolly of the tractor. On the day of occurrence, the bus bearing registration No.HRV-3887 was on its route from Kurukshetra to Jind. The said bus was stopped near C.R. College, Jind to alight the passengers. In the meantime, the tractor trolly loaded with sugarcane came from Sabzi Mandi side. When the tractor was crossing the speed breaker, the hook of the trolly was got broken. The appellant was sitting on the loaded trolly. He fell down as a result thereof and suffered the injuries.