( 1 ) THIS appeal has been placed before us pursuant to my order dated 9. 11. 1966. It is directed against the order of the Tribunal under the Motor Vehicles Act, at Delhi, dated 12. 6. 1963 dismissing the petition of Niranjan Dass appellant claiming a sum of Rs. 15,000. 00 by way of damages and compensation for injuries suffered as a result of accident which took place on 17. 8. 1958. The facts may now be stated.

( 2 ) NIRANJAN Dass petitioner-appellant along with his wife came to Delhi from Ambala in a bus on 17. 8. 1958 and after getting down near the Delhi Railway Station, he hired a scooter No. DLD 6870 owned by Harbans Lal, respondent No. 2 and driven by Gulzari Lal No. 1, an employee of the owner, for carrying the appellant to New Delhi. The scooter was driven from Delhi Railway Statian towards the Fountain of the Chandni Chowk and on towards the Red Fort. While proceeding in Chandni Chowk a four-seater motor rickshaw No. D. L. C. 5427 driven by Santokh Singh, respondent No. 3, and owned by Teja Singh, respondent No 4 which was coming rashly and negligently from the opposite direction of Red Fort towards the Fountain, dashed against the right side of the scooter driven by Gu

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