R.L. Anand, J. - (1.) THIS F.A.O. has been filed by Nikka Singh and has been directed against the award dated 11.11.1995 passed by Motor Accidents Claims Tribunal, Yamuna Nagar at Jagadhri which dismissed the claim petition of the appellant under Section 166 of the Motor Vehicles Act.
(2.) THE brief facts of the case are that Nikka Singh, the appellant, filed a petition under Section 166 of the Motor Vehicles Act and claimed a compensation to the tune of Rs. 4,00,000 on account of amputation of his leg and it was alleged by the appellant that on 18.9.1993 he was travelling in CTU bus bearing No. CHO 1C 5325 from Chandigarh to Sadhaura, District Yamuna Nagar. When the said bus reached at Sadhaura Chowk, it was about 12 to 12.30 noon and the appellant got down from the front door of the bus which was being driven by respondent No. 1 Jang Singh. The respondent No. 1 in haste started driving the bus in a rash and negligent manner without caring that the appellant had partly stood on the ground and in that process the left foot of the appellant was run over by the wheel of the bus and the appellant suffered amputation of left leg. According to the appellant, the accident took place due to rash and negligent driving of respondent No. 1. It is further alleged by the appellant that he was aged 46 years at the time of accident and was working as press operator in Haryana Small Industries Export Corporation, Chandigarh and was getting Rs. 3,798 per month as salary. He was also earning Rs. 2,000 per month from agriculture. He spent Rs. 25,000 on his treatment. Notice of the claim petition was given to the respondents. Respondent No. 1 was proceeded ex parte. The claim petition was only contested by respondent Nos. 2 and 3. According to these respondents the appellant had suffered injuries on account of his own negligence and there was no fault on the part of respondent No. 1 who was on duty on the bus in question on 18.9.93. The respondents further alleged that the appellant himself made statement before the police which was incorporated in DDR No. 40 dated 11.10.1993 in Police Station, Sadhaura. According to the contesting respondents, the true facts are that on the date of accident respondent No. 1 was on duty on the above said bus which was on its way from Chandigarh to Jagadhri. At Sadhaura bus stand one passenger, i.e., the appellant had alighted from the bus. He was standing at the stop and when the bus started for onward journey the foot of the appellant slipped as a result of which he received the injuries. There was no fault on the part of respondent No. 1. The bus was not being driven in a rash and negligent manner. The appellant got his statement recorded vide DDR No. 40 dated 11.10.1993 that nobody was at fault for the injuries suffered by him. Similarly, he also made a statement before the police in police post, PGI, Chandigarh.
(3.) THE learned Tribunal framed the following issues for the disposal of the claim petition: (1) Whether the accident in question and the resultant injuries suffered by the claimant took place due to rash and negligent driving of CTU bus No. CHO 1C 5325 by Jang Singh respondent? OPP (2) To what amount of compensation the claimant is entitled and from whom? OPP (3) Relief.;