- (1.) By the Court:-
(2.) Claimant has preferred this appeal dissatisfied with award dated 30.01.2010 of learned Motor Accident Claims Tribunal & Additional District Judge (Fast Track) No.1, Bundi, in MAC Case No.110/2008, by which learned Tribunal has assessed total compensation at Rs.6,52,220/- but rejected the claim on the ground that the claimant has failed to prove that he got injured and sustained permanent disability in an accident took place on account of negligence on the part of driver of Roadways Bus No.RJ-08-P-0194, which was being driven by respondent no.1 rashly and negligently. However, since the vehicle was found involved in the accident, learned Tribunal did not order for refund of the interim award of Rs.25,000/- to non-claimants, which was already paid to the claimant.
(3.) Facts, in brief, stated in the claim petition, are that on 30.01.2006 at about 5.00 PM the claimant was going from Naya Gaon towards Taleda by a motorcycle with moderate speed keeping it in its correct side. Suddenly a Roadways Bus No.RJ-08-P-0194 came from behind. The said bus was being driven by respondent no.1 in a very high speed in a rash and negligent manner. The said bus, with its left rear portion, hit the motorcycle and it was because its driver suddenly took the bus towards left side. As a result of the accident, the claimant sustained serious injuries. An FIR was also lodged by the claimant and the police seized the motorcycle in a damaged condition.;