- (1.) THIS appeal, under Section 173 of Motor Vehicles Act, 1988, has been pre­ferred by Uttaranchal Transport Corporation against the judgment and award dated 20-06-2006 passed by Motor Acci­dent Claims Tribunal/District Judge, Tehri Garhwal, in M.A.C.C. No. 42 of 2005. Shoorbir Singh Panwar versus Regional Manager, Uttaranchal State Road Trans­port Corporation.
(2.) BRIEF facts of the case are that on 27-12-2003 at 11.00 a.m. when claimant-Shoorbir Singh Panwar was going to Dehradun from Rishikesh in his Honda City Car No. U.P.07C/7744, driver of Bus No. U.P.07/G-4281 came by driving the bus rashly and negligently and dashed the car of the claimant, due to which car of the claimant was badly damaged and claimant sustained grievous injuries. The claimant was taken to clinic of Dr. U.P. Gupta, Rishikesh, where he was referred to Sama Nursing Home, Delhi, where he remained admitted and thereafter he was referred to Sir Ganga Ram Hospital, where he remained admitted for a long time and he spent a huge amount on his medical treatment. The claimant has become disa­bled on account of injuries sustained by him in the accident. The claimant claimed a sum of Rs. 12,00,000/- as compensa­tion against the opposite party. Opposite party- UASRTC con­tested the claim by filing written statement admitting therein that said Bus was going at Haldwani Road from Dehradun on 27-12-2003, on which Dharmendra Singh was employed as driver on contract basis. As per statements of driver and conductor, a Maruti Car No. U.A.07/6652 which was coming ahead of the Bus, lost its control and it collided with the bus. None of the passengers sitting in car sustained injuries. The claim petition has been filed on wrong and baseless grounds and it deserves to be dismissed.
(3.) THE learned Tribunal on the basis of pleadings of the parties framed follow­ing issues in the claim petition : 1. Whether the accident took place on 27-12-2003 at about 11.00 a.m. near I.I.P., Harrawala on Dehradun-Rishikesh Motor Road, District Dehradun due to the rash and negligent driving of the UPSRTC Bus No. U.P.07/G-4281 by its driver resulting injuries to the petitioner Shoorbir Singh Panwar as alleged in the petition? 2. Whether the petitioner is not en­titled to any compensation on the ground alleged in para no. 14 of the WS of the opposite party? 3. To what amount of compensa­tion, if any, is the petitioner entitled? ;