CHANDRIKA PRASAD Vs. ASSISTANT ENGINEER III NORTHERN RAILWAY
LAWS(ALL)-1983-9-11
HIGH COURT OF ALLAHABAD
Decided on September 09,1983

CHANDRIKA PRASAD Appellant
VERSUS
Assistant Engineer Iii Northern Railway Respondents

JUDGEMENT

O.P.SAXENA, J. - (1.) THIS is an appeal under Section 110 -D of the Motor Vehicles Act against the order dated 31 -1 -1976 passed by the Motor Accidents Claims Tribunal (District Judge), Fatehpur dismissing an application filed under Section 110 -A of the Motor Vehicles Act.
(2.) THE facts giving rise to this appeal are that on 31 -1 -1974 at about 4.15 P. M. the appellant met with an accident with a truck. He was going on a cycle on his way back to his house in Mohalla Chhinkantola in the town of Fatehpur. He was going on Banda -Sagar Road from north to south and at about 4.15 P. M. he reached near the culvert in Nayaganj. Truck No. U.P. W. 715 came from behind and dashed against his cycle. He fell down. The left front wheel of the truck passed over his legs and the same were injured. The accident was seen by P. W. 2 Satya Narain and P. W. 5 Santosh Kumar who were accompanying him and also by Ram Gopal and Laxman Kumar. He was taken to the District Hospital, Fatehpur for medical aid. On 17 -7 -1974 the appellant filed an application under Section 110 -A of the Motor Vehicles Act claiming Rs. 30,000/ - as compensation. The number of truck was given in the application. The name and address of the owner of the vehicle was not given and it was mentioned that the same would be given on being found out. The name and address of the insurer of the vehicle was also not given and a similar note was made.
(3.) ON 20 -1 -1975 the appellant gave application -paper No. 16 -Kha for amendment of the application and for showing the names of the respondents in column No. 16. The application was allowed on 13 -11 -1975.;


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