SURYA PRASAD Vs. ALI AHMED

JUDGEMENT

(1.) ON 13.11.1979 bus No. UTS 8964 and a tractor No. CPA 5063 met with an accident, as a result thereof the trolley attached to the tractor was damaged. The appellant filed a claim petition claiming damages of Rs. 2774.48 for repairs of the trolley and Rs. 30/- as notice charges, totalling Rs. 2804.48. Admittedly, the respondent No. 1 Ali Ahmad & Sons is the owner of the bus and the bus was insured with respondent No. 3, The New India Insurance Company. The deceased respondent No. 2 Farjendh Ali Khan was the driver of the bus at the relevant time.

(2.) THE case of the appellant is that the bus was coming from Shahdol and was going towards Manendragarh; it was being driven rashly and negligently and as a result thereof the driver of the bus lost control of the bus and the accident took place; the trolley was badly damaged and was repaired for which the appellant has incurred the expenses as mentioned above. According to respondent No. 1, the bus was not driven rashly and negligently; in fact, at the relevant time, the bus was stopped by the driver by applying brakes, as one riksha suddenly came in front of the bus and it is because of the tractor driver's mistake that the tractor was dashed against the bus and the trolley was damaged. The Trial Court dismissed the suit.

(3.) THE Trial Court has relied on the allegations made in the written statement to support the case put-forth by the respondents, without there being any evidence adduced before the Court to substantiate the plea raised in the written statement. The plea raised in the written statement has to be proved by evidence, without there being any proof, such statement cannot be relied on by the Court for discrediting the evidence led by the claimant. In the absence of any proof in rebuttal that the bus was not being driven rashly and negligently, the evidence of P.W. 4 Surya Prasad and P.W. 5 Santosh could not have been discredited. Accordingly I hold that the bus was being driven rashly and negligently and dashed against the trolley causing damage to it.