RAJENDRA Vs. BISHAMBHAR NATH

JUDGEMENT

(1.) THIS appeal under Section 110-D of the Motor Vehicles Act, 1939 (for Short 'the Act') is directed against the award dated 8-11-1982 made by the Motor Accidents Claims Tribunal Dhar in Claim case No. 44 of 1980.

(2.) IT is in dispute that at about 11.00 a.m. on 1-3-1980 when at Dhamnod Gourishankar as the servant of Bishambharnath was driving the latter's truck bearing Registration No. CPF 8466 Rajendra happened to be there. The said Rajendra alias Rajesh had fallen down on the road and has sustained injuries.

(3.) ACCORDING to the application under Section 110-A of the Act filed on 28-7-1980 Rajendra aged 15 years a student of VII class was on a bicycle going by the side of the road. The truck driver driving the truck negligently and at a high speed reached there from the opposite direction. He swerved it to the wrong side and dashed it against the said cyclist. As a result of the accident Rajendra fell down and became unconscious. He was taken to Dhamnod hospital and from there to MY. Hospital Indore. After four days he was admitted to Choithram hospital Indore, for 2 1/2 months and in Padidar Nursing Home, Indore for 4-5 days. Claim for compensation was laid as under :