K.VENKATASWAMI, J. - (1.) INSPITE of Notice of Lodgment of Petition of Appeal has been served, the respondent has not entered appearance to contest this appeal.
(2.) THE facts, as found by the Motor Accident Claims Tribunal, Kamrup, Guwahati, are given below. The appellant was a passenger in a bus belonging to the respondent Corporation. On 17/10/1983, when the bus reached the last stoppage and when the passengers were alighting from the bus, a bomb exploded inside the bus as a result of which the appellant sustained serious injuries on his legs. The other passengers also suffered serious injuries due to the bomb explosion. On account of this, the appellant preferred M.A.C. Case No. 64(K)/ 84 claiming a compensation of Rs. 3,82,000.00. The Tribunal found that it had jurisdiction to entertain and adjudicate the claim since the bomb had exploded inside the bus. The Tribunal held that the injuries sustained by the appellant were permanent in nature and awarded a compensation of Rs. 1,20,000.00 by order dated 2/2/1993. Aggrieved by that, the respondent preferred an appeal to the Guwahati High Court in M.A,(F) No. 72/93. The High Court did not disturb the findings of the Tribunal on facts. However, it was of the view that there was no negligence on the part of the owner or the driver of the vehicle and, therefore, the question of paying compensation did not arise. Accordingly, the High Court set aside the award of the Tribunal.
(3.) THE appellant aggrieved by the judgment of the High Court has preferred this appeal. The appellant in his claim petition has categorically stated as follows : "On the date of accident, the claimant boarded the bus at Judge's field in order to go to his residence at Kahilipara. At that time an abnormal situation arose out of Foreigners Deportation movement. The ASTC authority plied the City Buses with police help, since before the accident and after the accident. But on the date of the accident, there was no police help in the city bus. The driver of the bus did not take due care and caution in driving the bus." ;