D T C Vs. MOHINDER SINGH

JUDGEMENT

(1.) Even though the appeal was on my board the respondent or his counsel failed to appear. The appellant has made a grievance regarding the award dated- 26th of September 1980 by which the Motor Accident Claims Tribunal allowed a sum of Rs. 23,500.00 with costs and interest at the rate of 6% per annum on the awarded amount from the date of the petition till its final realisation. There is a cross appeal F.A.O. No. 71 of 1981 filed by Mohinder Singh against the D.T.C. and others making also a grievance against the quantum of the amount awarded.

(2.) The impugned award followed a petition under Section 110-A of the Motor Vehicles Act of 1939 wherein allegation was made that the respondent herein on 29th of October 1975 got involved in an accident at the hands of offending vehicle D.T.C. bus No. DLP 1038 as a result of which he sustained injuries particularly a fatal injury in tbs left leg which ultimately renderen him disabled permanently. Staling in a little detail, the facts are that on the date of incident at about 5.40 p.m. the respondent was going on a two-wheeler scooter DHF 4232 at Rani Jhansi Road, Delhi and he was proceeding towards Subzi Mandi. The offending bus is said to have come from behind and as a result of rash and negligeat. driving it hit the scooter resulting in the injuries to the person of the respondent.

(3.) In their written pleas the respondents admitted the fact of the accident and it was also admitted that respondent No. 2 in the claim petition was the driver of the vehicle at the relevant time. They, however, set up defence that the accident took place because of sudden failure of brakes and that when the driver shouted to inform the pedestrians that his brakes had failed the respondent was confused and collided with the bus. The petitioner in replication controverted this fact.