G KRISHNA RAO Vs. CHALASANI POORANCHANDRA RAO

JUDGEMENT

(1.) This is an appeal under S.110-D of the Motor Vehicles Act., 1939 (for short 'the Act') by the claimant.

(2.) On 24-7-1978, the truck of the claimant bearing registration No. AAP 8739 while standing another truck bearing registration No. AAP 5758 came from the opposite direction and dashed against it causing damages. The claimant filed an application under S.110-A of the Act claiming damages of Rs. 27,000/- from the owner and the insurer of the truck (AAP 5758) which caused the accident.

(3.) Now it is clear from the evidence of P.W. 1 relied upon by the Tribunal that the truck bearing No. AAP 8739 was standing when the other truck came and dashed against it straight. No material is furnished by the owner of the truck giving the circumstances under which his truck caused the accident. It can safely be concluded that the driver of the moving truck was negligent resulting in the damages to the truck.