LAWS(DLH)-1989-8-71

INDER MOHAN AGNISH Vs. UNION OF INDIA

Decided On August 09, 1989
Inder Mohan Agnish Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THIS is a suit filed by the plaintiff for recovery of Rs. 2,68,600/-on account of damage alleged to have been suffered by the plaintiff as a result of accident which according to the plaint was caused by rash and negligent act of the employees of defendant acting during the course of the employment. In the plaint it is alleged that because of said rash and negligent act, the plaintiff fell unconscious on the road with grevious injuries. The details of injuries have been given in the plaint.

(2.) THE suit is being contested by the defendants who have inter alia denied the injuries as also the fact that the alleged accident took place due to rash and negligent act of the employees of the defendant.

(3.) THE only evidence led is that of P.W. 1 Dr. R.L. Gupta, Sr. Surgeon, Department of Surgery, Safdarjung Hospital, New Delhi who has deposed about the nature of injuries suffered by the plaintiff in accordance with the Hospital records. By separate orders made today, evidence of the plaintiff has been closed. The onus of all the issues is on the plaintiff. Plaintiff has not led any evidence to prove the aforesaid issues. Accordingly, all the issues are answered against the plaintiff and in favor of the defendant.