HARI RAM Vs. DHARM PRAKASH

JUDGEMENT

(1.) THIS appeal under Section 110-D of the Motor Vehicles Act is directed against the judgment of the Motor Accident Claims Tribunal (District Judge, Banda) dated 3rd November, 1977. According to the appellants case on January 24, 1975 around 5 00 P.M. he was walking on foot behind the bullock-cart which was being driven by his brother Surja from Maudah towards Banda. The cart was carrying cattle fodder. The appellant was to the left of the road. Bus USG 6345 belonging to the respondent No. 1 and being driven by the respondent No. 4 came from behind and the appellant, it is stated, was hit on this account which resulted in injuries to him including a fracture to his leg. He was rendered unconscious having fallen to the ground. The brother took him to the Banda Hospital and first information report was lodged by the brother at 10.00 P.M. that day at the Police Station Kotwali, Banda.

(2.) IN defence it was asserted that no accident resulted from the Bus aforementioned driven by the respondent no. 4. The cattle fodder was being taken by the bullock cart and may be the appellant was hit due to the bullocks having lost the balance.

(3.) LEARNED Counsel for the appellant has taken me through the evidence on the record and contends that on the basis thereof including the pleadings of the parties it may be said to be fairly established that the accident took place as a result of the impact made by the Bus aforementioned. In this connection he has referred in particular to the averments made by the respondent No. 4, the driver in paragraph 5 of the written statement filed by him and the statement given by the respondent No. 4 on oath. It has been urged that the report was lodged by the brother of the appellant without loss of unreasonable time and that therein all the particulars of the said Bus are indicated.