K.C.PURI,J - (1.) THE Motor Accident Claims Tribunal, Bhiwani vide its award dated 5.10.1995, dismissed the claim petition filed by the claimant/appellant for grant of compensation of Rs. 5,12,000/- for the injuries suffered by him in a motor vehicle accident.
(2.) THE necessary facts may be epitomized as under :- On 21.9.1993, at about 8 AM, the claimant reached Bus Stand, Lohani along with Deepak Kumar and Rakesh to board a bus for Bhiwani to attend the college classes. Bus No. HNB-3016 being driven by respondent No. 1 came there from the side of Jhumpa. It dropped some passengers near the Power House. All the passengers ran to board the bus but respondent No. 1, suddenly, rashly and negligently at high speed, hit the left front side of the bus against the claimant. The claimant was standing on the left side away from the road on kachha side. The claimant fell down due to hitting of the bus and the tyres of the bus passed over his right leg. The claimant sustained multiple grievous injuries. The claimant has spent a sum of Rs. 25,000/- on his treatment. It has been further averred that the claimant was a young man of 20 years. He was a student of B.Sc. (second year) and earning Rs. 2,000/- per month.
(3.) IN the written statement filed by respondent No. 1, he took the following stand :- "The averments made by the petitioner are false and fabricated. There was no physical impact of the petitioner with the bus in question. He sustained injuries due to his own negligence and it is wrong to say that respondent was at fault. The respondent-driver, on humanitarian grounds, took the petitioner to the hospital and the petitioner arranged a concocted FIR against respondent No. 1." Respondent Nos. 2 and 3 also took similar stand regarding the negligence of the petitioner in suffering injuries. ;