K.M. HASANUZZAMAN Vs. ABDUR RAB CHOWDHURY

JUDGEMENT

(1.) This is an application for leave to appeal.

(2.) The facts of the case leading to the filing of this petition, in brief, are that on 03.10.2001 the private motor car of the respondent No.1 was hit by a bus owned by the petitioner, on Dhaka-Comilla highway at about 8.30 in the morning. The driver of the motor car and one of the passengers succumbed to their injuries subsequently and all the other passengers were also seriously injured. Besides, the motor car was severely damaged.

(3.) The respondent No. 1, in due course, filed a claim case for Tk. 30,50,000/- being Claim Case No. 30 of 2002 before the Claims Tribunal and District Judge, Comilla, under the provisions of Section 128 of the Motor Vehicles Ordinance, 1983 (Ordinance No. LV of 1983), on the allegation, inter alia, that the accident occurred due to reckless driving of the driver of the bus, causing death and injury to the passengers of the motor car and also in respect of the damage to the car.