T. U. MEHTA. J.:- This appeal arises out of the appellant's petition before the Motor Accidents Claims Tribunal, Ahmedabad, for getting the compensation of Rs. 17,700/- on account of the injuries received by her as a result of collision with a passenger bus belonging to the Ahmedabad Municipality on 22nd July, 1968, on Maninagar-Vatva road between Uttamnagar and Prakashnagar bus stops in the evening at about 5.20 p. m. The learned Judge of the Tribunal having dismissed the appellant's claim petition, the appellant-petitioner has preferred this appeal. The petition was registered before the said Tribunal as application No. 15/69.

2. The facts of the case are that the appellant-petitioner is studying in school and is residing with her parents at Isanpur. At the time of the accident, she was of 16 years of age and was studying in 9th Standard. She was usually going to her school and returning home on cycle. On the day of the incident after her school hours were over, she was returning home and proceeding from Jawahar Chowk to Uttamnagar. At that time one municipal transport bus which was driven by the original opponent No. 3. Dayabhai Chhaganji, was found coming from the opposite side from Uttamnagar bus stand. According to the petitioner appellant the said bus was being driven with an excessive speed and was running on its wrong side. The story of the appellant is that when she first saw the bus, it was at a distance of about 40 ft. from her and though she saw that the said bus was coming in front of her on the wrong side, she thought that the bus would take the right side of the road but after a few minutes she found that the bus continued to rush towards her at the same speed. The appellant says that thereupon she apprehended danger to her life and thought that the bus was likely to hit her. The appellant further claims that she was going on the left extremity of the road. Beyond this road was a kutcha strip of road which was full of pits and some cement concrete machine was also lying there. The appellant says that therefore it was not possible for her to go further on her left, with the result that she took a decision to swerve towards her right hand side, presuming that she would be able to bye-pass the bus safely as the bus was rushing towards her left hand side. However, according to the appellant, even the driver of the bus swerved his vehicle towards the same side with the result that her cycle collided with the left hand front bumper and wheel of the bus. The appellant's cycle was entangled in the bumper of the bus and she herself was thrown away on the kutcha road on her right hand side, at a distance of about 10 ft. from the place of collision. Immediately thereafter the bus stopped. The appellant says that after being thrown away she was rendered unconscious.

3. The appellant has produced the evidence of one Thakorbhai Somabhai Barot, whose deposition appears at Ext. 53. It is said that this witness was one of the passengers travelling is this bus. Evidence reveals that this passenger immediately got down from the bus, and with the help of another passerby named Kantibhai Purshottambhai Patel, Ex. 55, took the appellant to L. G. Hospital, Maninagar. The appellant was treated at the hospital where it was found that the tibia and fibula bones of her left leg were fractured. The fracture was thereafter reduced by the doctor on 24th July. 1968. The doctor also took two x-ray pictures of the said fractured bones. The appellant was thereafter discharged from the hospital on 26th July, 1968. However, the appellant continued to receive pain and felt that she was not cured. She was, therefore, shown to another Orthopaedic Surgeon Dr. Mahendra Trambaklal Mehta, whose deposition appears at Ex.57. This doctor is working as Honorary Surgeon in Civil Hospital and has also his private clinic at Khanpur. He examined the appellant on 12th August. 1968, when he found that the wound on the tibia was discharging pus and, was in