S.C.Mohapatra, V.P.Goel, JJ. - (1.) This is an appeal by the owner of a bus which is a public sector undertaking under Section 173 of the Motor Vehicles Act, 1988, against an award in respect of injury to the body and property of the claimant.
(2.) On 13.12.1985 claimant drove his tractor with trolley to Kisan Sahkari Chini Mill, Sheikhupur, Budaun. Next day in the early morning at about 6 a.m. he was returning from the sugar mill back home. When he reached near Dharam Kanta of village Nabada a bus bearing registration No. UTI2889 of the appellant collided head-on with the tractor as a result of which the tractor was damaged and various injuries were caused to the body of the claimant who was shifted to District Hospital, Budaun. Thereafter, he was treated in S.N. Medical College, Agra, for about six months. As a result of the injury, leg of the claimant was shortened by 11/4" and the right knee became stiff for which he is not able to move the same. This permanent disability would continue with the claimant lifelong who was aged about 30 years at the time of accident.
(3.) Both parties examined witnesses in support of their respective cases. Case of appellant was that the tractor was without any light and there was morning fog on the road, as a result of which the unfortunate accident occurred and, therefore, driver not being negligent in driving the bus, appellant is not liable to pay any compensation except on account of no fault liability.;