TEJPAL SINGH Vs. RAJASTHAN STATE ROADWAYS
HIGH COURT OF RAJASTHAN (FROM: JAIPUR)
Rajasthan State Roadways
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GUMAN MAL LODHA,J. -
(1.)TEJ Pal Singh, the claimant, who was aged 16 years at the time of filing of the ciaim petition, has filed this appeal against the rejection of his claim by the Motor Accident Claims Tribunal, Bbaratpur, on the ground that it has not been proved that the accident took place on account of the fault or negligence or rashness of the bus driver -Mullan, who was driving the Corporation's bus No. RJA 3601. The accident, as alleged, took place on 17th January, 1976 at 10.15 a.m. while the claimant -Tejpal Singh on his cycle was going to his village Peerka (Nagar) via Bharatpur -Khakawali (Nagar). While he reached near Khakawali which is 4 miles away from Nagar; Bus No. RJA 3601 which is owned by the Rajasthan State Road Transport Corporation, came with a fast speed from behind him and struck the claimant, as result of which right leg of the claimant was seriously crushed by the bus.
(2.)BEFORE this Court, there is no dispute and it is common ground that, Tejpal Singh, the appellant, was going on cycle and there was an accident with the bus of the Corporation, as a result of which, Tejpal Singh sustained various injuries and one of his leg was amputed, as a whole.
The tribunal has found that there is no credible evidence to prove the fault or, rashness or negligence of the bus driver, and this finding is being challenged before this Court by the appellant -claimant.
(3.)SHRI R.M. Lodha, the learned Counsel, appearing for the appellant has' led great emphasis on the statement of Zinsiram (P.W. 4), a police constable, who lodged an F.I.R. immediately after the occurrence and, has stated categorically that Tejpal Singh was going on cycle and the Roadways bus struck from behind the cyclist -Tejpal Singh, on account of which Tejpal Singhfell down on the right hand of the cycle and became unconscious and, one of the leg was fractured seriously. Zinsiram brought Tejpal Singh to Nagar and lodged F.I.R. (Ex. P. 1). According to this witness, the bus and the cycle collided and the actual impact was from the left from wheel of the bus with the cycle. But, in the F.I.R. (Ex. P. 1) he has mentioned that it was from the right wheel of the front side. The submission of Shri Lodha is that from the entire evidence reading as a whole, it would transpire that first the cycle was struck by front wheel and then as a result of the impact of this accident, he was dragged and then hit by the right side wheel of the front side of the bus.
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