R.L.ANAND, J. - (1.) SHRI Madan Lal Chandna has filed the present F.A.O. against Rajasthan State Transport Corporation, Jaipur (hereinafter called 'the Corporation') and its employee Shri Jagdish Chander, and it has been directed against the award dated 13.10.1992 passed by Motor Accident Claim Tribunal, Rewari, which awarded a sum of Rs. 80,000/- to the appellant by way of compensation for the injuries sustained by him, besides interest @ 12% per annum from the date of the claim petition till realisation.
(2.) THE brief facts of the case are that appellant Madan Lal Chandna filed a petition under Section 166 of the Motor Vehicles Act against the Corporation and its driver Jagdish Chander and claimed compensation on account of the injuries sustained by him in a motor vehicular accident which took place on 17.8.1990. According to the appellant, he was travelling in the Corporation's bus bearing registration No. RNP-3236 on 17.8.1990. The bus left Delhi at 6.50 p.m. and when it reached at Dharuhera at about 9.00 p.m., the bus was stopped by its driver and the passengers were told by the driver that the bus had been stopped for taking tea, meals etc. The bus stayed there for about 30 minutes and it left Dharuhera at about 9.30 p.m. The appellant was sitting on a seat near the window. One Sham Lal resident of Narnaul was also travelling in the same bus. The driver of the bus was driving it at a very fast speed and he appeared to be under the influence of liquor. After about 10 minutes journey from Dharuhera the bus reached at Rewari turn when one truck was seen coming from the front side. The appellant was sitting near the window with his right elbow on the window. When the driver of the bus applied brakes all of a sudden the appellant felt a jerk and his elbow slipped a bit outside the window and in the mean time the other vehicle crossed the bus by rubbing its right side. The elbow of the appellant was crushed. He was taken to Civil Hospital, Rewari in the same bus as the passengers of the bus forced the driver to take the bus to the hospital. Sham Lal also accompanied the appellant to the hospital and the appellant asked him to inform Dr. Narula at Narnaul, who was the relative of the appellant. The appellant was given first aid at Rewari and thereafter his son and Dr. Narula took him to Delhi and got him admitted in Mool Chand Hospital, New Delhi. On 18.8.1990 his right arm was amputated from above the elbow. The appellant was posted as Asstt. Engineer in Public Works Department, Delhi, but he retired in April, 1990. He sought employment with M/s Jyoti Sarup Mittal as Project Engineer at a salary of Rs. 3,500/- per month in June, 1990, but when he met with the said accident on 17.8.1990 and remained under treatment for a considerable period and his hand was amputated, so he left the job. With these broad allegations, the appellant claimed a compensation to the tune of Rs. 10 lac.
(3.) NOTICE of the claim petition was given to the respondent. The driver failed to appear despite service, so he was proceeded ex parte. The petition was contested by the Corporation on the ground that no accident had taken place nor the appellant was travelling in the bus in question. It was also alleged that the appellant is an old man and he sought no re-employment anywhere. The bus was going from Delhi to Sikkar and no accident took place on account of the negligence of the driver of the bus. In fact, the accident occurred due to the negligence on the part of the appellant himself as he was travelling with his right elbow outside the window of the bus.;