R.L.ANAND, J. - (1.) BY this judgment I dispose of two FAOs No. 263 of 1994 titled Sat Parkash @ Sat Pal v. Vishnu Dutt and another, and No. 320 of 1994 titled Haryana Roadways, Yamuna Nagar v. Sat Parkash alias Sat Pal and another, as both the appeals have arisen from the award dated 1.10.1993 passed by Motor Accident Tribunal, Ambala which awarded a sum of Rs. 70,000/- by way of compensation to Sat Parkash alias Sat Pal injured.
(2.) THE brief facts of the case are that on 17.3.1992 at about 5.30 p.m. the appellant was coming from Chandigarh to village Bhanu on his tractor trolley bearing registration No. HRX 5612 and the tractor trolley was being driven by him on extreme left side of the road at a very slow speed. When he reached near village Ramgarh at about 5.30 p.m., a Haryana Roadways bus bearing registration No. HR-02/0306 came from behind. The driver of the bus was driving it in a rash and negligent manner and he struck the bus against the tractor trolley of the appellant from behind without giving any indication. Due to the collision the appellant fell down from the tractor and came under the bus and received multiple injuries. After getting first aid from a private hospital at Ramgarh the appellant was removed to PGI, Chandigarh where he remained admitted for 12 days and was operated upon. As a result of the injuries, fingers and thumb of left foot i.e. major part of the left foot of the appellant had been amputated. The tractor trolley was also badly damaged. The appellant also claimed a sum of Rs. 40,000/- by way of damages to the tractor trolley and Rs. 3 lakh on account of injuries suffered by him. Notice of the claim petition was given to the respondents, who filed separate written statements. The factum of accident was admitted but it was denied that the accident took place due to rash and negligent driving of the bus by its driver. Rather, it was stated that the accident occurred due to the negligence of the appellant. it was pleaded that when the bus in question reached near village Ramgarh, tractor was going in front of the bus in the same direction. However, a truck came from the opposite side in rash and negligent manner and the bus driver had to apply sudden brakes. The bus could not be driven to katcha portion on the left side as there was 50 feet deep ditch.
(3.) FROM the pleadings of the parties, the learned Tribunal framed the following issues :- "1. Whether the impugned accident was caused by respondent No. 1 by driving the offending vehicle rashly and/or negligently ? OPP 2. If issue No. 1 is proved, whether the claimant is entitled to any amount of compensation, if so, how much and from whom ? OPP 3. Relief." ;