1. Since instant special appeal arises out of a very old claim of the year 1987, we propose to dispose it, at the admission stage itself.

2. Adumbrated in brief the facts are that the claimant Mangal Singh was travelling in the bus belonging to the appellant Rajasthan State Road Transport Corporation, Jaipur (hereinafter referred to as "the Corporation") from Chittorgarh to Fatehgarh. He set near the window seat. On the way a truck coming from the opposite side passed too closely by the side of the bus causing injury to the right hand of the claimant, The claimant was operated upon and his right upper arm, just below the shoulder joint was imputed resulting in 80% permanent disability. At the relevant time the claimant was earning Rs. 1500/- per month, as an employee of a private company namely M/s Rajfed Oil Mill, Fatehnagar. He claimed compensation in the sum of Rs. 1,69,500/-. The claim was resisted by the appellant Corporation. In the opinion of the tribunal, claimant himself was negligent in keeping out his elbow and, therefore, was not entitled to damages. In view of the finding, the tribunal disallowed the claim.

3. In appeal the learned Single Judge on appreciation