SURESH Vs. ANWARKHAN

JUDGEMENT

(1.) THIS appeal by the claimant is against an award dated 26-3-79 given by the Member, Motor Accidents Claims Tribunal, Mandleshwar in Claim, Case No. 34/78. By this award the claim petition has been dismissed.

(2.) ON 28-12-77 at about 10-30 a.m. the accident in question had occurred. Claimant Suresh along with Gopaldas and deceased Ramsumaran Pande was on a motor cycle. That motor cycle was being driven by Gopaldas while Suresh and deceased Ramsumaran Pande were sitting on the pillion. Respondent No. 1 Anwarkhan was the driver of the passenger bus bearing registration No. M.P.F. 7498 belonging to respondent No. 2 M.P.S.R.T.C. The bus was going from Burwani towards Dhananod. Tne motor cycle referred to above, was coming from the opposite direction. As a result of the dashing of the bus with the motor cycle Gopaldas, Suresh and deceased Ramsumaran Pande fell down.

(3.) APPELLANT Suresh had filed a separate claim petition, which was registered as Claim Case No. 34/78. The widow AND ORS. of Ramsumaran Pande had also filed, a separate Claim Petition, which was registered as Claim Petition No. 33/78. By an order dated 10-1-79 passed in Claim Case No. 34/78, that case and Claim Case No. 33/78 were consolidated and the evidence for both the cases was to be recorded in Claim Case No. 33/78. Counsel for the parties had also agreed to that, which has been mentioned in the said order sheet dated 10-1-79.