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H.L.ANAND
MAHAVIR PERSHAD – Appellant
Versus
MUNICIPAL CORPORATION OF DELHI – Respondent


Advocates Appeared:
For the Appellant : R.K. Mathur
For the Respondent: G.K. Sharma and J.N. Aggarwal

JUDGMENT :

H L. Anand, J.

1. This appeal is directed against the Award of the Motor Accident Claims Tribunal, Delhi on the Appellants application u/s 110-A of the Motor Vehicles Act, hereinafter called "the Act", by which the claim of the Appellant and one Roshan Lal for compensation on account of injury caused as a result of the accident was dismissed on the ground that the accident resulting in the injuries to the Appellant could not be said to be due to the rash and negligent driving of a D.T.U. bus, belonging to Respondent No. 1, by Respondent No. 2 its driver.

2. The appeal has been filed in the following circumstances. The Appellant and one Roshan Lal, who has since died, were traveling in D.T.U. bus No. DLP 776, belonging to Respondent No. l and driven, at the material time, by Respondent No 2 which suddenly swerved towards the right side of the road and struck a tree and as a result came to a halt causing shock and injuries to the Appellant. As a result of the accident the Appellant lost five teeth. Soon after the accident, report Ex. PW 8/A was lodged. The Appellant was examined by a doctor who found an injury in his lower jaw, four front teeth from the lower jaw were taken o

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