A.N.VARMA,J. - (1.) This is a claimaint's appeal against an order passed by the Motor Accident Claims Tribunal Mainpuri dismissing his claim for compensation under the Motor Vehicles Act.
(2.) THE claim petition was founded on these allegations. On 31st August, 1975 the claimant was travelling in a Roadways Bus No. UPG 5197 from Bewar to Bhogaon. Between 5 to 6 P.M. the Bus reached village Pratappur on its way to Bhogaon when it met with an accident involving another Roadways Bus No. USA 8037 coming from the opposite direction. As a result the front portion of the other Bus hit the rear portion of the Bus in which the claimant was travelling. As a consequence of the impact the claimant was injured resulting in double fracture of his left forearm and his spectacles and wrist watch were also damaged. He suffered sereve mental shock and had to undergo treatment lasting three months at the District Hospital, Mainpuri. A sum of Rs. 2000/ - was spent on the treatment. The claimant was a Kurk Amin in the Corporative Department. His duties involved field work which he would be unable to perform for about 6 months. In all he claimed Rs. 25,000/ - as damages. The claim petition was amended a number of times whereby besides giving particulars of the compensation the plea that the accident was caused by the rash and negligent driving of the Bus was also sought to be introduced.
(3.) BOTH the U.P. State Road Transport Corporation (U.P.S.R.T.C. for short) as well as the Oriental Fire and General Insurance Co. Ltd. Which were arrayed as Opp. parties contested the claim petition. The plea of the Insurance Company was that the two Buses involved in the accident were not insured with it and consequently it was not liable to pay any compensation. It was wrongly impleaded in the petition.;