SURESH KUMAR Vs. YAMIN ALI AND ORS.

JUDGEMENT

(1.) THE appellant was non -suited on a claim preferred by him for grant of compensation in respect of injuries sustained by him in the course of the impugned accident on 09.05.2004.

(2.) ON 09.05.2004 at 7.30 A.M., the appellant was travelling by Canter bearing Registration No. HR -37 -4564, in the course of his employment as a cleaner on it; while the vehicle was driven by Yamin Ali. The vehicle was carrying four buffaloes. When the Canter reached near Kapur Mor turning in the area of village Marwa, Yamin Ali lost control of it on account of rash speed and the vehicle dashed into a road side tree. On account of the impact of the accident, the appellants sustained injuries and was hospitalized at a private hospital at Jagadhri. Driver Yamin Ali, however, jumped out of the vehicle and escaped unhurt. The hospitalization. for a period of about 25 days, cost the appellant about Rs. 60,000 to Rs. 70,000/ -. Obviously he could not attend to his job as well for the duration of the hospitalization.

(3.) RESPONDENT No. 1 denied that he was driving the offending vehicle at the relevant point of time. The averment made by him is to the effect that he was previously in the employment of respondent No. 2 as a driver of the offending vehicle but he left the job about two months prior to the impugned accident and it was the appellant who came to be employed as a driver in his place. The averment in the context was it was the appellant himself who was driving the offending vehicle at the time of the impugned accident.