B D BAGRI Vs. DAULAT RAM

JUDGEMENT

(1.) B . D. Bagri, a doctor, employed with the Government, met with an accident on December 5, 1993 at 4. 15 p. m. on G. T. Road near Zirbari in the area of Police Station Sadar Thanesar. On account of the accident, his.-right leg had to be amputated from below the knee. He claimed compensation to the. tune of five lac rupees even at a time when his leg had not been amputated (his leg was amputated during the pendency of the petition ). However, on the issue with regard to negligence i. e. as to whether the accident took place due to rash and. negligent driving of respondent No. 1, the Motor Accident Claims Tribunal returned a finding against the claimant appellant herein, and dismissed the claim-petition. This order was passed by the Tribunal on February 8, 1995.

(2.) OBVIOUSLY in the present appeal preferred by the appellant, the basic question is as to whether the Tribunal was right in returning the finding on issue No. 1 against the appellant.

(3.) MR . Gopal Mittal, learned counsel for the respondents, however, contends that in the FIR that came to be lodged after the occurence, the police had found the appellant guilty of causing the accident and in fact he was tried by the criminal Court as well. Not only that the FIR speaks volumes of the negligence of the appellant but the occupants of the Ambassador car had unequivocally deposed that it is the appellant who was responsible for causing the accident.