P.C.Pandit, J.

1. This is an appeal filed under Section 310-D of the Motor Vehicles Act, 1939 , against the order of the Motor Accidents Claims Tribunal, dismissing the application of Hand Singh for the grant of compensation in respect of Injuries sustained by him on account of an accident, when he was travelling in a bus belonging to the Punjab Roadways.

2. it appears that on 5-12-1959 Nand Singh got into this bus for going to Chandigarh, when it started from Amritsar at 5-30 A.M. At about 7-00 A.M., when this bus reached near the Military Camp at Sura Nassi, which is about 4 or 5 miles from Jullundur, a bullock-cart was coming from the opposite direction. A cyclist was following this bullock-cart and when he tried to overtake it, ha came in front of the bus. Buta Singh, the driver of the bus, immediately applied the brakes in order to save the cyclist and since it was drizzling and the road was wet, the bus slipped and turned turtle with its face towards Amritsar side instead of Jullundur. As a result of this accident, the appellants collar bone was fractured and his right arm was injured. Nand Singh was taken to the Civil Hospital at Jullundur and, on his request, was br