Kanwaljit Singh Ahluwalia, J. - (1.) Naresh Kumar Choudhary, the appellant herein had filed a claim petition in the Court of Motor Accident Claims Tribunal, Karauli (for short 'the Tribunal') under Sec. 166 of the Motor Vehicles Act, 1988, wherein it was stated that he was aged 25 years and on 15.8.1995, he was travelling in Bus belonging to Rajasthan State Road Transport Corporation. The said bus was being driven by Ramratan Meena, the respondent No. 2. It was further pleaded that on 15.8.1995, the bus was driven rashly and negligently by its driver and same collided with the Truck parked on the side of the road. As a result thereof, the appellant received various injuries and suffered a fracture of left hand. An operation was also carried by Plastic Surgeon and claimant had to incur lot of medical expenses. It was further pleaded in the petition that the claimant is a T.V. Serial actor and singer. The claim petition filed by the appellant was dismissed by the Tribunal vide impugned judgment dt. 19.1.2005. Aggrieved against the same, the present appeal has been filed.
(2.) The appellant -claimant presented on record injury statement (Exhibit -1), X -ray report (Exhibit -2), Medical Record of Safdarjung Hospital as Exhibit -3. The claimant had also tendered copy of FIR, site plan prepared in the criminal case, copy of the charge -sheet and mechanical report. However, certified copies of above documents were not filed.
(3.) Ramratan Meena, the respondent No. 2, the driver of the bus which had met with an accident, appeared as NAW.1. The driver of the bus admitted that the incident had taken place. However, he stated that a truck was standing on the road carrying iron bars which were protruding out of the truck. It was further deposed by the witness that the iron bars protruding out of the truck had hit front window pane of the bus, resultantly, damage was caused. However, the driver of the bus denied sufferance of the injuries by any passenger.;