ASHOK KUMAR GUPTA Vs. KISHANLAL

JUDGEMENT

(1.) FOR last ten years, this hopeless appeal has awaited a short order and that is made here and now.

(2.) THE claimant/appellant described himself as an artist and at that, a film artist. He came from Bombay to Gwalior and on the fateful night, on 25. 5. 1977, at around 11. 00 p. m. , the car which he was driving met with an accident near Tekanpur.

(3.) HIS case is that from the opposite side, a truck, fully loaded, coming at a very high speed, at around 50/60 km. per hour, suddenly dashed against his car which got damaged and he also sustained some injuries. In the car, he was accompanied by two witnesses, CWs 2 and 3, but the owner of the car did not enter the witness-box. Admittedly, the position on facts is that the claimant had borrowed the car which he was driving himself when the accident took place. Nothing has come on record to suggest that any claim has been lodged for damage caused to the car. It has not been proved by any reliable and independent evidence that the car suffered any serious damage. Neither any mechanic has been examined undertaking spot inspection; nor any other person from the workshop where it must have been repaired if the car really suffered serious damage as needed treatment at any workshop.