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1989 Supreme(Pat) 301

S.B.SINHA, NARINDER SINGH RAO
General Manager (H), Hazaribagh Area Of Central Coalfields Limited – Appellant
Versus
Anjan Banerjee – Respondent


Judgment

S.B.Sinha, J.

1. This appeal raises a question as to whether a Letters Patent Appeal lies to this court in terms of Clause 10 of the Letters Patent of the Patna High Court, before a Division Bench from the decision of a learned single Judge of this court, when the same arises out of a decision of a Tribunal or court constituted under a self-contained code.

2. The facts of the case lie in a very narrow compass. Respondent No. 1 had filed an application before the Motor Accidents Claims Tribunal at Hazaribagh in terms of Sec. 110-A of the Motor Vehicles Act, 1939 (hereinafter called and referred to for the sake of brevity as the said Act) alleging, inter alia, therein that while he was walking on Pugmal Road in the town of Hazaribagh at about 3.30 p.m. on 3.10.1986, a bus bearing registration No. BRM 8463, owned by appellant No. 1 and driven by appellant No. 2, came in a high speed and owing to rash and negligent driving on the part of appellant No. 2, an accident occurred as a result whereof respondent No. 1 fell down and suffered bodily injuries. According to the said respondent, his legs were crushed under the wheels of the vehicle. The respondent claimed a sum of Rs. 3,84

































































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