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Judgment
K.S. Jhaveri, J.—This appeal has been filed against the judgment and award passed by the Motor Accident Claims Tribunal No. II, Ahmedabad in M.A.C.P. No. 127/1990 dated 23.04.1996, whereby, the said claim petition came to be rejected.
The facts in brief are that on 12.11.1989 at around 0930 hrs. while the Appellant was about to alight a bus belonging to the Respondent-Corporation, he fell down on the ground and sustained injuries. It is the case of the Appellant that the accident had occurred on account of the negligence on the part of the driver of the said bus, Respondent No. 1 herein. Therefore, a claim petition came to be filed before the Tribunal claiming compensation of Rs. 1.00 Lacs. However, the same came to be rejected by way of the impugned award. Hence, this appeal.
Heard learned Counsel for the Appellant. Though served, none appears on behalf of the Respondents. It has been mainly contented on behalf of the Appellant that the accident in question took place on account of the negligence of the driver of the bus belonging to the Respondent-Corporation. Before we proceed further, it is required to be noted that the driver of the bus was not joined as a party-Respondent in his individual capacity.
On the aspect of negligence, it may be noted that in the statement given before the police, the Appellant and his mother had stated that the Appellant had fallen down as his legs had slipped while he was alighting the bus. No where it was stated that while the Appellant was trying to alight the bus, the bus started all of a sudden and therefore, the Appellant fell down. Both the statements were recorded by the police on the date of accident and therefore, they could be said to be reliable. Hence, the only conclusion that could be reached is that the accident in question took place on account of the sole negligence of the Appellant himself. There is nothing on record to reach to a different conclusion.
In view of the above, I find no merits in the present appeal. Hence, the appeal is dismissed. No costs.