N.N.MITHAL, J. - (1.) THESE are two appeals arising out of a claim petition Under Section 110 of the Motor Vehicles Act.
(2.) ON 1-6-1978, Bus No. U.T.A. 2922 belonging to the U.P. State Road Transport Corporation (UPSRTC for short) was going from Basti to Dumariaganj when at about 11 A.M. it met with an accident in which the claimant, appellant in F.A.F.O. No. 594 of 1980, received grievous injuries and he suffered compound comminuted fracture of both the bones of his left leg. According to the claimant, the bus was being driven at a high speed as it had started late and on account of rash and negligent driving, the accident occurred. A claim Rs. 50,000/- was raised and the break-up of the claim is as under: (1) Medical expenses .... Rs. 20,000/- (2) Pain and suffering .... Rs. 20,000/- (3) Mental shock .... Rs. 5,000/- (4) Loss of business .... Rs. 5,000/- After the accident, the claimant was shifted to Lucknow where he was admitted in the Hospital on 5-6-1978 and thereafter he came under the treatment of Dr. OP. Singh from the same date and remained ad mitted in his clinic till September, 1978.
(3.) THE appellant Corporation denied negligence and it was alleged that a person appeared on the road suddenly and in order to avoid hitting him, the driver steered the vehicle to the left but the bush and pull road suddenly went out of order as a result of which the bus collided against a tree resulting in injuries to the claimant. It was alleged that the bus was neither driven rashly nor negligently and the accident occurred on account of latent defect in the vehicle which could not be discovered.;