After hearing Mr. Hitesh K. Sammi, Advocate for the appellant and Mr. Sanjeev Ghai, Advocate representing respondents No.2 & 3 and giving thoughtful consideration to the submissions of the two sides. It is a foregone case that the claimant who was aged around 45 years working as a Telephone Operator as per Ex.P1 was sitting in the bus and it was as is highlighted in the testimony of driver as RW2 that he had taken his arm outside the bus which has led to this accident and which is the stand of the respondents in their pleadings and throughout the trial. Though task of the Court has become difficult due to destruction of the original records however, whatever are the remnants before this Court obviously the claimant has failed to prove his disability by either examining the Doctor, medical record, or proving the disability certificate. A specific suggestion has been put to him that to save an on coming animal driver of the bus had to sway the bus to his right side and due to protruding out of the right arm of the claimant same was injured. Though the claimant in his cross;examination has tried to wriggle out of the writing undertaken by his wife that the respondents by virtue of Ex./Mark R1 shows that even the stand of the claimant is not bona
