HUSSIN PASHA Vs. MANAGING DIRECTOR APSRTC

JUDGEMENT

(1.) Alleging that when he was travelling in. a bus belonging to the first respondent, being driven by the second respondent, the said bus met with an accident due to the rash and negligent driving of the second respondent resulting in injuries and consequent permanent disability to him, appellant filed a claim petition seeking compensation of Rs. 1,00,000/- from the first respondent. First respondent filed a counter denying the accident and involvement of the appellant therein, and putting the appellant to proof of all the allegations in the claim petition. Second respondent remained exparte.

(2.) In support of his case, appellant examined himself as P.W.I and another witness as P.W.2 and marked Exs.A.1 to A.7. On its behalf, first respondent examined the second respondent as R.W.1 but did not adduce any documentary evidence. The Tribunal having held that since the earlier O.P. filed by the appellant on the same cause of action was dismissed, this O.P. is not maintainable, dismissed the claim petition. Hence, mis appeal.

(3.) The points for consideration are: (1) Whether the dismissal of the earlier O.P. filed is a bar for filing a fresh O.P.? (2) Whether the accident occurred due to the rash and negligent driving of the second respondent? (3) To what compensation, if any, is the : appellant entitled to? Point No.l: