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1970 Supreme(P&H) 142

D.K.MAHAJAN
Jaswant Rai – Appellant
Versus
National Transport & General Co. Ltd. And Another – Respondent


Judgment

1. This petition for revision is directed against the order of the Motor Accidents Claims Tribunal, Ludhiana, dated 18th March, 1969, whereby the application of the petitioner under section 110-A of the Motor Vehicles Act was rejected by the Tribunal.

2. It is common ground that the bus which was being driven by the petitioner met with an accident on the 27th February, 1968, and that the petitioner was injured. The petitioner moved an application before the Motor Accidents Claims Tribunal under section 110-A of the Motor Vehicles Act. The respondent contested the application. A preliminary issue was framed which reads thus :

"Whether the present claim petition is competent in spite of the fact that the claimant was the driver of the vehicle and it is not alleged that the accident took place due to the negligent driving of that vehicle and the accident is attributed to mechanical defect ?

3. The Tribunal came to the conclusion that the application was not maintainable because it had not been alleged that the accident had taken place due to rash and negligent act on the part of the owner of the motor vehicle. It was clearly stated in the petition that the accident took place



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