SURESH BABU NATH Vs. HARGOVIND BATHAM

JUDGEMENT

(1.) Suresh. Babu Nath claimant has preferred this appeal against the award given by the Third Additional Motor Accident Claims Tribunal Gwalior, whereby the Tribunal concluded that he was not entitled to claim any compensation as there was no negligence on the part of the State or its employees. After recording this finding, a further direction has also been given that the appellant is to refund a sum of Rs.7,500/received by him towards no fault liability.

(2.) The brief facts of this case are as under.

(3.) It is alleged that an accident took place in the early hours of the morning of 26th Jan., 1988. The manner in which the accident took place was disputed by both the sides. The vehicle which was involved in the accident bears registration No. CPZ 52. This jeep is owned by the State Government. The driver of this vehicle was one Hargovind. According to him, he had parked this vehicle near the residence of Tahsildar on the left side of the road. He had gone to inform the Tahsildar about his arrival. When he came back, he found that a, scooter had hit the jeep from the back. The number of the scooter has not been given by him. It is futher stated by Hargovind that he rebuked the driver of the scooter and its two other occupants. They expressed regrets. According to him, Ramlakhan who was driving the scooter informed him that his brother had died on the previous day in the Jail and on account of this mental strain he was unable to notice the stationary jeep. It is further stated by the driver.of the Jeep that he gave lift to Ramlakhan and his companion out of compassion, including the appellant. Rmalakhan was dropped near the jail whereas Suresh Babu was dropped near the house of his friend. According to the driver of the Jeep there was a third man also on the scooter.