V.D.GYANI, J. - (1.) THIS misc. appeal under Section 110(D) of the M.V. Act 1939 arises out of award dated 4.9.85 passed by the Member, Motor Accidents Claims Tribunal, Mandsaur in Claim case No. 37/83.
(2.) THE appellant is a milkman. He used to come to Mandsaur from his nearby village every day on bicycle for supplying milk. On 27.12.82 he was returning home with his friend Madan Lal, who was slightly ahead of him. It was near village Nipaniya Meghraj on Mhow Neemuch road; that the appellant's bicycle got entangled with the left front side of the Bus No. C.P.R. 9252 belonging to the respondent-Corporation and driven by respondent No. 3. In this entangled position he was dragged for a few paces before falling on the ground just infront of the Bus which had also stopped. Appellant's case was that the Bus dashed him from back side it was being driven at a speed of 60-70 k.m. per hour. The learned Member on consideration of the evidence adduced by the parties has held that it was the appellant who was negligent and the respondent No. 3 was in no way liable for damages. The Tribunal also found that the appellant did not suffer any permanent disability, although he had sustained a fracture of the right femur which to be operated for extraction of hail under G. A. and the Tribunal has assessed special damages on that account.
(3.) AS against appellant's total Claim of Rs. 92,400/- which included both general and special damages, the Tribunal has assessed Rs. 29,493/- as compensation payable to the appellant with interest at the rate of Rs.1 2% p.a.;