1.0 This appeal is directed against the judgement and award passed by the learned Motor Accident Claims Tribunal (Auxi), Vadodara, in Motor Accident claim Petition No. 473 of 1992 whereby the Tribunal has awarded a sum of Rs. 4,15,000/ along with interest at the rate of 12% per annum from the date of petition till realization.
2.0 On 21.6.1991 Mehulkumar, who was studying in 7th standard, was standing near Chhani Jakat Naka bus stand for going to school. An S.T. Bus came and Mehulkumar was trying to board the bus. Suddenly the driver started the bus as a result of which he came under the rear wheel of the bus. He sustained serious injuries and had to take prolonged treatment. He therefore filed the aforesaid claim petition claiming a sum of Rs.6,00,000/ by way of compensation, wherein the aforesaid award came to be passed which is challenged in the present appeal.
3.0 Learned Advocate for the appellant submitted that the claimant had not proved that he sustained injuries on account of rashness and negligent driving on the part of the driver of the vehicle. According to him there are evidence on record, name of the driver and the vehicle is not identified and therefore involvement of the bus is not proved.
4.0 In this regard the Tribunal has framed the following issues:
[1] Whether it is proved that the claimant sustained injuries on account of rashness or negligence in driving on the part of the driver of the vehicle involved in the accident?
[2] What amount, if any, the claimant is entitled to by way of compensation and from which of the opponents?”
5.0 As regards the first issue is concerned, the Tribunal has discussed the same in paras 7, 8 and 9. In para 9 it is held as under:
9. ....“It is very clearly stated by the applicant that he is studying in Pratap Prathmic school and his school time is early in the morning at 700 O' clock and he used to travel by S.T. Bus which was starting from Chhani Jakatnaka bus stand in between 630 A.M. to 645 A.M. because he has to reach at Pratap Prathmic school at about 700 O' clock. The applicant was examined in this case at Exh.33. He has categorically narrated the accidenttaken place on the day of accident i.e. on 21.6.1991. In crossexamination the opponent's advocate is unable to establish that no accident taken place due to the negligence of the driver of the S.T. Bus. It is true that no complaint was filed nor the name of the driver nor the bus number was shown in the application. Looking to the judgments cited by the applicant's advocate it is very clear that absence of this evidence of filing the complaint if other evidence is totally proved on the part of negligence of the party that the court must believe that the S.T. is involved in the accident. In the entire crossexamination there was nothing came out from the papers that the accident was not taken place near ChhaniJakatnaka nor it was time 630. So in absence of denial of the accident at the place and the applicant's say that he used to travel by S.T. Bus and further more evidence is at Exh.35. The identify card is issued by S.T. Corporation in favour of the applicant and that card is started from June 1991 to October 1991. So it is very clear that the term was open in June 1991. The pass was issued in favour of the applicant. The applicant's photograph is also clearly visible in the identity card and that was identified by the S.T. Corporation. This fact is clearly led us to believe that this applicant Mehulkumar was used to travel in S.T. Bus from 19th of June 1991 and the accident took place on 2161991 ”
6.0 Therefore, in view of the other corroborative evidence it was proved that the S.T. Bus was involved in the accident. Learned Advocate for the appellant is not in a position to point out anything from the record to take a different view of the matter. Even as regards the quantum aspect is concerned, this Court has considered the same and found that no case is made out to cause interference.
7.0 In the premises aforesaid I do not find any merits in the appeal and the same is therefore dismissed with no order as to costs.
(K.S.JHAVERI, J.) niru*