AUTOMOBILE TRANSPORT PVT LTD Vs. DEWALAL

JUDGEMENT

(1.) THIS judgment will dispose of two appeals namely, D.B. Civil Misc. Appeal No. 14/ 1970 and D.B Civi1 Misc. Appeal No. 105/1969. These appeals arise out of an order made by the Motor Accidents Claims Tribunal, Ajmer on September 12, 1969.

(2.) A bus RJZ 202 was travelling from Bandarwara to Ajmer on May 31, 1966 When it was about six miles and two furlongs from Ajmer, it found the road blocked near Makhupura by a tree fallen on the road While other vehicles were passing on the right side of the road, the driver of this vehicle instead chose to pass his vehicle by the left side of the tree where it la alleged, there was not much space for the vehicle to pass wish the result that the vehicle must dashed against the aids wail which gave way and the vehicle then over -turned and fell down.

(3.) D .B. Civil Misc. Appeal No. 105/1959 was field by the insurer, while the other appeal is by the Automobile Transport (Rajasthan) Private Ltd. Company and Narayandass Lohiya. An application was made on behalf of the appellant Automobile Transport (Rajasthan) Private Ltd. Company under Order 41 Rule 27 C.P.C. requesting, this Court to permit them to file some documents which they have listed in annexure 'A' the application was made on 1 -12 -1971.