S.C. Agrawal, J. - (1.) THIS appeal has been filed by the Rajasthan State Road Transport Corporation (hereinafter referred to as the "Appellant -corporation") under Section 110 -D of the Motor Vehicles Act, 1939 (hereinafter referred to as ' the Act") against the award dated August 17, 1976 given by the Motor Accidents Claims Tribunal (District Judge, Jaipur City) (hereinafter referred to as the "Claims Tribunal") in Civil Misc. Case No. 39 of 1973.
(2.) ON October 18, 1970 at about 10.30 a.m. a bus bearing No. RJZ 1524, owned by the Appellant -corporation, and driven by Jaipal Singh, Respondent No. 2, met with an accident on the Ram Bagh road, Jaipur, opposite S.M.S. Hospital near Santokba Durlabh X -ray clinic. In the said accident, the said bus hit a cycle. The cycle was being driven by Om Prakash Gupta, Respondent No. 1 (hereinafter referred to as the "Respondent claimant"). As a result of the said accident the Respondent claimant suffered serious injury on his right leg, on account of which the right leg from above the knee had to be amputated. On 4th December, 1973 the Respondent claimant filed a claim before the Claims Tribunal wherein he claimed a sum of Rs. 5,25,000/ - as compensation. The aforesaid compensation was claimed under three heads: Loss of wages Rs. 4,80,000/ - Damages for pain and mental agony Rs. 20,000/ - Expenses incurred in treatment Rs. 25,000/ - In the claim petition the Respondent claimant had impleaded the Appellant corporation, Shri Jaipal Singh, the driver of the bus and the Life Insurance Corporation as opposite parties. Subsequently by order of the Claims Tribunal dated 31st May, 1975 the Life Insurance Corporation was deleted from the array of parties.
(3.) IN the claim petition the respondent claimant pleaded that at the time of the accident he was coming on bicycle towards Ajmeri Gate and was on the left side of the road and that the accident had taken place due to the rash and negligent driving of the bus by Respondent No. 2 and the Appellant -corporation, as the owner, is liable to pay the amount of compensation.;