K.P.SINGH, J. - (1.) These two appeals have been filed against the judgment of Sri Ram Ji Lal, Additional District Judge, Fatehpur, in Motor Accident Claim No. 22 of 1982 Jagjeet Singh v. State of U.P., and others.
(2.) Brief facts giving rise to the above noted appeals are that on 20-1-1982 when Jagjeet Singh claimant was travelling by bus No. UTB 6637 of Banda Depot from Banda to Lucknow via Kanpur, the bus met with an accident, at about 8.30 a.m. when it had left Banda at about 6.15 a.m. It collided with a Sheesham tree and had fallen in a ditch. According to the claimant the bus was carrying a large number of passengers and was crowded one. The tyres of the bus were worn-out and the same could not bear the load of the over-crowded bus and the tyre got burst leading to the accident which caused severe injuries and fracture to the claimant. The claimant remained confined for more than five months and suffered mental and physical agony for which he claimed a sum of Rs. 25,000.00 and a sum of Rs. 10,000.00 was claimed towards treatment. As the claimant was deprived of doing field work, hence he claimed Rs. 25,000.00 for permanent disability and he also claimed a sum of Rs. 50,000.00 for future help and a sum of Rs. 37,900.00 was claimed for loss of articles and cash etc. The total amounted to Rs. 1,47,900.00.
(3.) The claim of the claimant was contested by the defendants admitting the accident but alleging that neither the driver nor the conductor were responsible for the accident and it was due to bursting of the tyre which was beyond the control of the driver. According to them, the bus was being driven at normal speed and it did not suffer from any mechanical defect and various other pleas were taken to negative the claim of the claimant.;