GHANSHYAM SINGH Vs. VEERA DEVI AND OTHERS

JUDGEMENT

(1.) This is an appeal under Section 110D of the Motor Vehicles Act by Ghanshyam Singh whose claim for compensation on account of injuries sustained by him has been negatived by the Claims Tribunal.

(2.) The facts of the case are that the Appellant entered into a contract for supply of fodder to one Nanoomal Sindhi of Lashkar. Nanoomal Sindhi hired truck No. 5095 MPG owned by Mrs. Veeradevi and got the fodder loaded at village shakh-nor, the place of residence of the Appellant. Nanoomal Sindhi asked Ghanshyam Singh to come in the truck to Lashkar where he would pay the price of the fodder. Consequently, Ghanshyam Singh got into the truck. It is alleged, that while the truck was proceeding on Bombay Agra road near Panihar, it got overturned as a result of which the Appellant sustained injuries so much so that his right leg had to be ultimately amputated.

(3.) The Appellant's case is that the accident took place on account of the rash and the negligent driving by the respondeat No. 2 Bharat Singh. He filed the present claim before the Claims Tribunal tor Rs. 2,55,400/- against Mrs. Veeradevi owner of the truck, Bharat Singh, driver of the truck and the Secretary, Indian Insurance Companies Association Pool, Bombay with whom the truck was insured. The claim was resisted by all and after recording the evidence adduced by the parties disallowed the claim.