HONBLE VIPIN CHANDRA DIXIT,J. - (1.) Both the First Appeals From Orders have been filed under Section 173 of Motor Vehicle Act, 1988(hereinafter referred as 'Act, 1988') against the judgment and award dated 13.9.1996 passed by Motor Accident Claims Tribunal/Vth Additional District Judge, Bulandshahr(hereinafter referred as 'Tribunal') in Motor Accident Claim Petition No. 88 of 1992 by which compensation of Rs.2,02,000/- alongwith 12% interest had been awarded to the claimant Netrapal Singh on account of injuries received by him in a road accident. Both the appeals were connected and with the consent of counsel for the parties are being decided by common judgment.
(2.) Brief facts of the case are that the claimant Netrapal Singh had filed claim petition under section 140 and 166 of Act, 1988 claiming compensation of Rs.9,75,000/- alongwith 18% interest on account of injuries received by him in a road accident which had occurred on 16.1.1992. It is alleged in the claim petition that the claimant is owner and driver of mini bus bearing no. DL-5C-4895 and was going to Meerut from village Pittobans, District Bulandshahr and about 6:30- 7:00 a.m. on 16.1.1992 when he reached near 'pullia' of village Kaithala at Bulandshahr-Gulawathi road, all of a sudden Roadways bus bearing no. UGE-705 driven by its driver rashly and negligently came from the opposite direction (Gulawathi side) and dashed the mini bus of claimant who received grievous injuries in the accident. It is also alleged in the claim petition that on account of injuries the claimant has become permanent disabled and as per disability certificate issued by Chief Medical Officer, Meerut he has become permanent disabled to the extent of 58%. The FIR was lodged on 17.1.1992 at 10 A.M. regarding the accident at Gulawathi Police Station. The age of the claimant was 26 years at the time of accident and his income was Rs.6000/- per month from transport business but on account of disability he is unable to do anything.
(3.) The opposite party/U.P. State Road Transport Corporation(hereinafter referred as "Corporation") had put in appearance and filed its written statement denying the claim allegations and it was pleaded in the written statement that there was fog in the morning and the claimant who was driving mini bus came from wrong side without blowing light and collided with the bus and there was no negligence on the part of driver of the Corporation and the accident was occurred on account of sole negligence of the claimant himself. It was also pleaded that owner and insurance company of mini bus was not impleaded as a party.;