- (1.) THIS appeal filed under Section 173 of the Motor Vehicles Act, 1988 has been preferred against award dated 18.05.1999 passed by the Motor Accident Claims Tribunal, Rajsamand; whereby, the claim petition filed by the appellant Sardar Singh regarding injuries said to have been suffered by him on account of the accident which occurred on 10.02.1995 has been rejected.
(2.) THE facts in brief are that a claim petition was filed by the appellant Sardar Singh before the Motor Accident Claims Tribunal, Rajsamand inter alia with the averments that on 10.02.1995 when he was going on his Scooter and the Bus belonging to the respondent No.2 which was being driven by respondent No.1 Prabhu Singh reached Negaria, a Truck came from the front which was being crossed and the appellant who was going on Scooter was hit. The Bus was being driven rashly and negligently by respondent No.1. The applicant suffered fracture of the right hand and which has rendered his hand useless. A sum of Rs.5,99,000.00 was claimed as compensation. The claim was resisted by the owner of the Bus Rajasthan State Road Transport Corporation, Jaipur and the facts alleged in the claim petition were denied. In special pleas it was stated that on the day of accident the vehicle was being driven under control and in normal speed when a Truck came from the front and the applicant who was riding his Scooter behind the Truck tried to over take the Truck and on seeing the Bus he got confused and tried to get back to his side and struck the Truck and fell down. The Bus driver to save the appellant took the vehicle into the Kacha road and struck the hillock (Magri).
(3.) THE Claims Tribunal framed as many as four issues. On behalf of the appellant two witnesses were produced and 31 documents were got exhibited. No evidence was produced by the respondents.;