CHAMUNDA SPUN PIPE INDUSTRY Vs. ISHWAR DASS

JUDGEMENT

(1.) THE admitted facts of the present case are that on 29.3.1984 at about 4.00 p.m. truck No. HPM 1411 belonging to respondent No. 1 and being driven by respondent No. 2 while proceeding from Nerchowk to Kangu, had turned turtle at a place in between Harabagh and Jarol. In the said accident, one Indru had died, while Prabhu Ram, Nek Ram and Ram Dass had sustained bodily injuries. The truck at the relevant time was loaded with cement pipes and collars belonging to the petitioner-appellant. Such pipes and collars were also damaged in the said accident.

(2.) THE appellant-petitioner filed a petition under Section 110-A of the Motor Vehicles Act, 1939, corresponding to Section 166, Motor Vehicles Act, 1988, (hereinafter referred to as 'the Act'), claiming compensation for damage caused to his goods, namely, cement pipes and collars.

(3.) THE learned Tribunal upon consideration of the material placed before it during the course of evidence by the parties, came to the conclusion that damage to the extent of Rs. 3,100/- was caused to the goods of the petitioner-appellant, namely, the cement pipes and the collars and that the petitioner-appellant was entitled to compensation/damages to that extent. The claim of the petitioner-appellant was, however, rejected and the petitioner-appellant was non-suited on the ground that being an unregistered partnership firm, the claim petition was bad under Section 69 of the Partnership Act.