- 1 - First Appeal No.1018/2009 with Civil Application No.1606/2007 Heard learned counsel for the appellant / original claimant. In an accident where the Bus was moving on the road, came across accidentally with a stationary truck and due to illumination of lights from opposite side vehicle, the Bus driver, inspite of application of brakes, has a collision with the stationary truck, resulting in accident. The claimant asserted to be a passenger in the Bus and suffered injuries. The learned Judge, on evaluation of the evidence, found that the injury certificate produced by the claimant, though exhibited, is not proved according to the legal provision. Consequently, though Exhibit 32 was on record, it is not established that there were certain injuries sustained by the appellant or that the nature of injuries resulted in permanent disablement to the extent of 24%. The other miserable aspect in the matter is the nature of the document illustrating that it was the stationary vehicle without any indication of its - 2 - standing in that position, its owner / driver should have been made a party in the proceeding as the accident was obviously due to the negligence on the part of the said truck driver, who did not facilitate to make others aware about the nature and position of his truck. Failure on the part of the appellant can not be said to be a flaw and to be the responsibility of the MSRTC. The appellant will have to face the consequences. The observations of the learned Judge in the situation require no interference. The appeal lacks merits. It is dismissed with costs. Civil Application No.1606/2007 for impleading party will not survive and the same is rejected. (K.U.Chandiwal, J.) Dt/- 19.06.2009 ndk/c1960911