BIJA RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is directed against the order dated 27th July, 1978, passed by the Tribunal under the Motor Vehicles Act by which the petition of the appellant under section 110 -A of the Motor Vehicles Act was dismissed.

(2.) The brief facts of the case are that the appellant filed a petition under section 110 -A of the Motor Vehicles Act, claiming a sum of Rs. 20,000/ -as compensation for the injuries suffered by the appellant. The appellant alleged that he was carrying a load of grass on his head and was coming on foot from village Androl towards Simla when bus HIL 5644 owned by the State of Himachal Pradesh and driven by Shri Om Prakash respondent, hit him on his back and due to this hitting the appellant sustained injuries. It was alleged that the driver was driving the bus rashly and negligently and that this accident is due to the rash and negligent driving of the vehicle by the driver or in any case due to the contributory negligence of bus No. HPB -119 which was crossing the said bus HIl -5644. at the place of the accident from the other side. It was also alleged that Shri Om Prakash driver had been convicted in the Criminal case under sections 279/337 IPC for this accident and that it was impliedly admitted by Shri Om Prakash that he was driving the vehicle rashly and negligently.

(3.) The petition was contested by the respondents and it was alleged by the respondents that the appellant sustained no injuries due to the hitting of bus HIL -5644 and that in fact this bus was never involved in any accident. It was further alleged that the conviction of Om Prakash was on the basis of a confession and that this confession was made under police pressure and that the proceedings and the Endings of the criminal court are not admissible or relevant for the present proceedings. The right of the appellant to claim compensation and the quantum of compensation was also disputed.