M/S ISHWARI YATAYAT COOPERATIVE SOCIETY LTD., AND OTHERS Vs. UMRAO SINGH

JUDGEMENT

(1.) The appellants have filed this appeal under section 110-D of the Motor Vehicles Act, against an award, dated 8-12-1972, for Rs 2,500.00, passed in favour of the respondent by the learned Member, Motor Accidents Claims Tribunal, Indore, in Claim Case No. 51/68.

(2.) The facts leading to this appeal are that on 6th Feb., 1968, appellant No. 2 Abdul Rahim, while in employment of appellant No. 1 Society, as a driver of passenger bus No. M P E 8265 belonging to appellant No. 1, was driving the same at the time of the incident between Depalpur and Hatod when one of its tyres got burst. The respondent was sitting on the seat above the mudguard of the bus as a passenger and due to the bursting of the tyre, the iron-sheet of the mudguard came up and injured him.

(3.) It was alleged that the driver was driving the bus rashly and negligently with great speed and that when it reached a turning near village Phoolkaradiya, the tyre got burst with the result that a thin metal sheet of the body of the bus flew off and struck with great force against the respondent, severely injuring him. These after, the respondent was treated in the Hospital at Hatod for about eleven days. He, therefore, filed a claim case for Rs 5,300.00 which included Rs 200.00 on account of medical expenses, Rs 100.00 on account of transport charges and Rs 5,000.00 on account of general damages.