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1962 Supreme(P&H) 40

I.D.DUA
Ram Pertap S/o Ratti Ram – Appellant
Versus
General Manager, Punjab Roadways, Ambala – Respondent


Judgment

1. This appeal under section 110-D of the Motor Vehicles Act IV of 1939 is directed against the order of the Motor Accidents Claims Tribunal, dated 5-10-1960, dismissing the appellants application for claim in respect of an accident caused by bus No. P. N. E. 8126 of the Punjab Roadways, Ambala on 21-12-1958, in which he (appellant) received some injuries. In this application he claims Rs. 25,000/- by way of compensation. This claim application was on 6-7-1960 dismissed in default but was later restored in August, 1960.

2. The trial of the claim application proceeded on the following issues:

1. Whether the accident was due to the rash and negligent act of the driver of bus No. PNE 8126, if so, to what effect?

2. What is the income of the applicant?

3. If issue No. (1) is proved in the affirmative what is the quantum of compensation to which the applicant is entitled.

4. Whether the application is time barred and whether it is a fit case where delay should be condoned?

5. Relief.

The first issue was decided against the appellant-applicant with the result that the remaining issues did not arise for consideration and the claim application was dismissed. The Tribunal in the ope
















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