CHANDRIKA PRASAD Vs. ASSISTANT ENGINEER III NORTHERN RAILWAY

JUDGEMENT

(1.) THIS is an appeal under Section 110 -D of the Motor Vehicles Act against the order dated 31 -1 -1976 passed by the Motor Accidents Claims Tribunal (District Judge), Fatehpur dismissing an application filed under Section 110 -A of the Motor Vehicles Act.

(2.) THE facts giving rise to this appeal are that on 31 -1 -1974 at about 4.15 P. M. the appellant met with an accident with a truck. He was going on a cycle on his way back to his house in Mohalla Chhinkantola in the town of Fatehpur. He was going on Banda -Sagar Road from north to south and at about 4.15 P. M. he reached near the culvert in Nayaganj. Truck No. U.P. W. 715 came from behind and dashed against his cycle. He fell down. The left front wheel of the truck passed over his legs and the same were injured. The accident was seen by P. W. 2 Satya Narain and P. W. 5 Santosh Kumar who were accompanying him and also by Ram Gopal and Laxman Kumar. He was taken to the District Hospital, Fatehpur for medical aid.

(3.) ON 20 -1 -1975 the appellant gave application -paper No. 16 -Kha for amendment of the application and for showing the names of the respondents in column No. 16. The application was allowed on 13 -11 -1975.