Prakash Tatia, J. - (1.) This appeal is against the award dated 20th August, 2000 passed by the Motor Accidents Claims Tribunal, Udaipur in M.A.C.T. Case No. 185/1994 by which the learned Tribunal awarded Rs. 51,000/- along with interest 6% per annum to the claimant-respondent against the appellant.
(2.) The facts of the case are that the claimant was going to Nayapura Bus Stand on 20th September, 1993. The bus No. RJ 14/P 2318, which was being driven by Kuna Ram, the driver employed by the appellant-non-claimant, came from behind and hit the claimant. It is alleged that the vehicle was being driven rashly and negligently by the driver Kuna Ram and, in this accident, the claimant fell down in one 'Nala'. The claimant remained in the hospital for 20 days and there was a fracture in the leg of the claimant.
(3.) The claimant submitted claim-petition claiming Rs. 1,57,000/-. The reply was filed on behalf of the non-claimant appellant wherein it is stated that on 20th September, 1993 Kuna Ram was driving the above bus while coming from Udaipur to Barmer and near Nayapura Bridge, a truck came and, therefore, Kuna Ram took the bus in the side of the road. There was no accident at that time but while returning from Barmer to Udaipur, the police stopped the bus of the appellant and then Kuna Ram came to know that there was allegation of accident from his bus. It is admitted in the reply that challan was filed against Kuna Ram, the bus driver of the appellant.;