NARESH KUMAR SAWHNEY Vs. NEW JAI BHARAT TRANSPORT

JUDGEMENT

(1.) THIS is an appeal under Section 110-D of the Motor Vehicles Act against the award dated 1.2.1977 made by the Motor Accident Claims Tribunal, Rampur (I Additional District Judge, Rampur) dismissing an application for compensation with costs on parties.

(2.) THE facts giving-rise to this appeal are that on 5.11.1972 at 1.30 P.M. one Naresh Kumar Sawhney, a student of law previous aged about 20 years met with an accident. The accident took place on the Thandi Sarak connecting Gandhi Samadhi with Benazir Road. Gandhi Samadhi falls on the way to Civil Lines, Rampur. The applicant is a resident of Civil Lines. He was returning from the Corporation Cinema on his way back home. He was sitting on pillion of motor cycle No. U.S.I. 2609 driven by his friend Vijai Jolly. Bus No. D.L.P. 4387, belonging to opposite party No. 1, insured with opposite party No. 2 and driven by opposite party No. 3 Shanker, came from the opposite direction and dashed against the moror cycle. The motor-cycle fell in a Nali on the right side of the road, The applicant received severe injuries. On 20.12.74 the applicant filed a petition claiming Rs. 1,50,000/- as compensation. He also gave an application for condoning the delay in filing the petition. The application was allowed on 1.3.75. It was said that the accident took place due to the rash and negligent driving of the bus by opposite party No. 3. the details of compensation were given in an application on paper No. 39 kha filed subsequently.

(3.) OPPOSITE parties Nos. 2 and 3 did not contest the petition.