JUDGMENT :

Venkataraman, J.—This appeal has been filed by one Yakhub against the judgment of the Motor Accidents Claims Tribunal, Madras, dismissing the claim which he filed for compensation of Rs. 10,000/- for injuries caused by alleged rash or negligent driving by a State Transport driver. The accident occurred at 11-45 p.m. on 4.4.1963 on Mount Road at the Wellington Bridge. It may be taken that at that spot the road goes north to south. The Appellant (P.W.I) was pushing the hand cart from behind and the hand cart was being dragged towards south by another person Esurathnam (P.W.3). The State Transport lorry came from behind, that is, from north and hit the Appellant and caused him some injuries on the face and right ear.

2. In the statement of claim the Appellant stated as follows:

The State Transport water tank lorry M.S.P. 8552 driven by O. Kuppusamy Naidu, the driver, came from behind and while badly overtaking the said hand cart caused the accident and caused the Petitioner grievous injury. Then the said lorry after traversing over 200 yards stopped. Further the said lorry was plying with inefficient brakes. The driver of the said lorry was responsible for rash and negligent d