S.S. Sodhi, J. - (1.) The challenge in appeal here is to the denial of compensation to the claimant Surinder Singh, who sustained serious injuries when the truck No. PUA 7337, he was traveling in, overturned on being involved in an accident with the Punjab Roadways bus No. PUO 2540. The truck that the claimant Surinder Singh was traveling in was loaded with bags of fertilizer and Surinder Singh was sitting on these bags. When the truck overturned these bags fell on him and resulted in the injuries being caused to him. This happened on July 28, 1980, at about 2 p.m. near the Gandasinghwala bypass, in the area of Police Station Sadar, Amritsar.
(2.) The Tribunal declined compensation to the claimant holding that he had suffered the injuries not on account of the accident between the truck and the bus but because he came under the bags of fertilizer that he was sitting on. A finding, which on the face of it is blatantly perverse, cannot, therefore, be sustained.
(3.) According to the claimant, the accident had occurred on account of the rash and negligent driving of the bus when it came on to the by-pass at a very fast speed and hit into the truck causing the truck thereby to overturn. In their written statement the Respondents denied any negligence on their part and took the plea that it was in fact the truck that came and hit into the bus and also that the truck was traveling on the wrong side of the road at that time.;