K.L. ROHILLA Vs. VED PRAKASH KAPOOR

JUDGEMENT

(1.) THE appellant has challenged the award of the Claims Tribunal whereby his claim petition has been dismissed.

(2.) THE accident dated 18th October, 1988 resulted in grievous injuries to the appellant. THE appellant was travelling in bus No.DEP 4949 on 18th October, 1988 at about 02:30 PM when the said bus met with an accident with bus bearing No.DEP 7348 at Church Road, Mall Road Crossing, Delhi. THE appellant suffered multiple fractures including Pott's fracture and fracture of right leg apart from the wounds on the left hand and leg and blunt injuries all over the body. THE right ankle of the appellant was also dislocated. THE appellant remained hospitalized from 18th October, 1988 to 17th November, 1988 and 2nd December, 1988 to 6th August, 1990. THE appellant was operated upon for open reduction and nails were fixed at the Army Hospital, Delhi Cantt. THE appellant filed claim petition against the owners of both the buses. THE appellant could get the insurance particulars of bus No.DEP 7348 and New India Assurance Company was impleaded as respondent No.3. THE Claims Tribunal dismissed the claim petition on various grounds inter alia that the appellant could not prove the rashness and negligence of bus No.DEP 4949 and further that the appellant has not impleaded the drivers of the two vehicles.

(3.) THE record of the Claims Tribunal reveals that the Claims Tribunal has not conducted any inquiry into the matter as contemplated by the Motor Vehicles Act. In that view of the matter, the impugned judgment of the Claims Tribunal is liable to be set aside.