Deepak Gupta, J.—This appeal under Section 173 of the Motor Vehicles Act has been filed by the claimant whose claim petition has been dismissed by the Motor Accident Claims Tribunal (I) Kangra at Dharamsala vide award dated 5.9.1994.

2. The facts giving rise for disposal of the present appeal are that according to the claimant-petitioner on 29.5.1995 he was travelling from Kangra to Palampur by a scooter No. PB-08-9810. He claims that he was driving the scooter and was alone on the scooter. At a place known as 61 Miles, a bus bearing registration No. HP-39-201 belonging to the respondent No. 2 - HRTC and driven by respondent No. 1 Pritam Singh is alleged to have come from the opposite direction. He further alleged that the said bus was driving by its driver in a rash and negligent manner and it struck against the scooter as a result of which he was thrown on the ground. The appellant - claimant claims that he sustained multiple grievous injuries including fracture of his right leg. He stated that his right leg was amputated at the mid-thigh level resulting in 80% permanent disability.

3. The respondents resisted the claim petition and they have stated that the scooter was no