SURENDRA KUMAR Vs. B R OIL MILLS

JUDGEMENT

(1.) SURENDRA Kumar has filed this appeal under Section 110 of the Motor Vehicles Act, 1939 against the judgment and award of the Motor Accidents Claims Tribunal, Bharatpur dated 24th February. 1984 by which the appellant's claim against the respondents for recovery of Rs. 60,000/- for injuries sustained in an accident, was rejected.

(2.) THE Motor Accidents Claims Tribunal, relying upon the petitioner-appellant's earlier statement in criminal case, in which he has stated that there was no negligence or absence of care or caution on the part of the driver, held that the accident was not on account of negligence or rashness of the driver. THE learned counsel for the appellant submits that this was never put to the witness in cross examination for controverting and without that the statement before the Tribunal could only have been considered.

(3.) CONSEQUENTLY the appeal is allowed The appellant would get compensation of Rs 20. 000/- from all the three respondents, who are jointly and severally liable. The appellant would also get the interest at the rate of 12 per cent from the date of application till the date of realisation. The parties would bear their own costs of this appeal. .