N.C.DWIVEDI, S.M.N.RAINA
State of U. P. – Appellant
Versus
Dayali Mardan – Respondent
DWIVEDI, J.:- This is an appeal by the unsuccessful respondent No.4 (State of Uttar Pradesh through Officer-in-charge of the case. Assistant General Manager, U.P. Government Roadways. Agra) against the award of Rs.7,500/-(Rs.7.000/- for general damages and Rs.500/- for expenses of treatment) of the Claims Tribunal, Gwalior.
2. The petitioner Dayali was working as a permanent employee of the folding department of J. C. Mills. Ltd., Birlanagar, Gwalior, drawing pay of Rs.150/- per month He owned agricultural field near Moti Jhil on the Agra-Bombay Road. The respondent No.1 Babulal was the driver of the bus No. U.P.A. 8105 belonging to the respondent No.4. On the relevant date, 11-2-1967, at 4 p. m., the petitioner Davali was going to his field on a cycle. The respondent No.1 was driving the aforesaid bus from Gwalior towards Agra on the Agra-Bombay road which dashed against the petitioner. The petitioner remained in the J. A. Hospital as an indoor patient from 11-02-1967 to 16-3-1967. Dr. S.S. Sharma (P.W. 6) examined the petitioner on 11-02-1967 and found as many as eighteen injuries on various parts of his body.
3. The petitioner's case is this. He was going on a cycle on th
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