CHHOTA Vs. BABULAL VERMA

JUDGEMENT

(1.) THIS appeal is directed against an order passed by the learned District Judge, Banda, rejecting a claims petition filed by the appellant for recovery of Rs. 31,200/- from the respondents under the Motor Vehicles Act.

(2.) THE claims petition was filed by the appellant on the allegation that on February 9, 197 at about 800 P.M. Chhota, the claimsant, was going on a bullock cart on the Atarra-Banda Road along with others from Atarra side to Banda. At about 8.00 P.M. when the bullock cart was between Badokhar Khurd and Nawab tank at a distance of about 2 kms from Banda, a private bus No. USC 1635 came from Atarra side and on account of the rash and negligent driving of the bus it collided against the bullock cart as a result of which one bullock died on the spot and the other two days later. The bullock cart was damaged and the claimsant sustained various injuries as a result of the accident. The claimsant asked the respondents who are respectively the owner and the driver to pay damages to him on account of the injuries sustained by him and the loss suffered by him as a consequence of the accident by the rash and negligent act of the driver. On the refusal of the respondents to pay the damages the present claims petition was filed.

(3.) IN support of the respective case both sides led evidence. The claimsant examined himself, Sarju, (PW 2) and Hiralal (PW3) and some others. An extract of the General Diary entry was also filed in which the incident is stated to have been recorded at the police station. The head constable of Police Station Kotwali, Banda, was also examined as P.W. to prove the entry in the General Diary. On a consideration of the evidence on record, the court below negatived the claims of the appellant, inter alia, on the ground that he has completely failed to prove by any admissible and reliable evidence that the alleged injuries and loss were sustained by him as a result of an accident in which bus No. USE 1635 was involved. On this finding the claims of the appellant has been dismissed