- (1.) BY Court. -In a motor accident, on 10.3.1993, Hazarilal Choudhary, the respondent no. 1 claimed to have sustained injury and his son, Jai Prakash Choudhary, who was aged about 9 years lost his life.
(2.) THE respondent no.1 filed separate claim application for compensation under the provisions of the Motor Vehicles Act, 1988. In the claim application it was stated that he sustained crush injuries in his right leg. While he was going on by -cycle along with his son, a bus (MKL -6366) dashed it from behind, whereby he sustained the said injury. In support of his case, claimant examined himself as A.W. 1 and stated in his examination -in -chief "Mujhe Bhi Badan Me Chot Legi Thi." As a result of which he was not able to drive by -cycle properly. His Theta business was also hampered and he sustained pecuniary loss accordingly.
(3.) WE find that claimant brought on record one prescription of Dr. S.N. Chowdhury which was marked as Exhibit 2 as also some of cash memos of medicine, which were marked as Exhibit 4 series. We perused the aforesaid documents as also the X -ray receipts and find that it was not established that the claimant had sustained injury on a particular part of the body, namely the right leg as alleged in the claim application, which was also contradicted in his deposition as A.W. 1 as well as from the documents, Exhibits 1, 2, 3 and 4 series.;