SAUMITRA DAYAL SINGH, J. - (1.) This appeal has been filed by the U.P. State Road Transport Corporation (hereinafter referred to as the corporation) against the award dated 7.10.2005 passed by the Motor Accident Claims Tribunal, Jaunpur in MACP No. 176 of 2003. It is an injury case. Under an interim order of this Court, entire decretal amount stands deposited with the Tribunal. Half of that amount would have been released in favour of the claimant respondent, in terms of that order and balance would be lying in a term deposit.
(2.) According to the claim case, on 29.6.2003, the claimant was travelling on a bus of the corporation bearing registration no. UP 65- R/3597 from Jaunpur to Varanasi, when at about 5:00 pm, the said bus grazed (on right hand side of the driver of the bus) with an on coming truck. It was then stated, in that accident the claimant suffered injuries caused by the metal sheet of the bus body that cut through the claimants right hand above the elbow, resulting in amputation of his right hand.
(3.) In the claim proceeding, the corporation disputed the negligence attributed to the driver of the bus and pleaded negligence of the claimant as the cause of accident. It stated, the claimant had been warned, both by the conductor, driver as also some co-passengers of the bus to keep his hand and head inside the bus but that the claimant did not pay heed to the advice and warning thus given to him.;