DIPU Vs. STATE OF HARYANA
HIGH COURT OF HIMACHAL PRADESH
STATE OF HARYANA
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Vyas Dev Misra, C.J. -
(1.)This appeal under Section 110-D of the Motor Vehicles Act is directed against the judgment of Motor Accident Claims Tribunal Solan dismissing the claim of the appellant.
(2.)On 2nd Oct., 1970 the appellant, aged about 9 years, was standing on the left side of the Simla-Kalka highway near a bifurcation of Subathu Road at Saproon, Solan. Bus No. HRA-1242, owned by respondents 1 and 2, and driven by respondent No. 3, passed that site at about 10.30 A.M. The appellant was hit by the rear portion of the bus. The conductor of the bus gave a signal to the driver to stop the bus shouting that a child had been hit. The bus was stopped. The appellant who was lying unconscious on the road was picked up and removed to Civil Hospital, Solan. Thereafter the matter was reported to the police.
(3.)The appellant was saved from death by the expert treatment given to him at Solan. However, he lost his memory. He has also lost control on the movement of his limbs and is not in a position to look after himself any more.
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