HANUMAN DASS Vs. HANS RAJ
LAWS(P&H)-1994-2-1
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 04,1994

HANUMAN DASS Appellant
VERSUS
HANS RAJ Respondents

JUDGEMENT

N.C.JAIN, J. - (1.) THIS appeal has been filed by the appellant against the award of the Motor Accident Claims Tribunal, Faridabad, dated 143. 1984, dismissing the application under Section 110 -A of the Motor Vehicles Act The appellant averred in the application that he was sitting on the pillon of the Motor -cycle which was being driven by Ram Murat Yadav when he met with an accident with truck No. HRP -2636. According to him the truck was being driven rashly and negligently as a result of which the accident took place. The appellant, according to the case made out by him, was taken to Holy Family Hospital, after he suffered injuries, where he remained admitted from 30. 12. 1980 to 29. 1. 1981and thereafter from 11. 8. 1981 to 26. 8. 1981 and during the period of his treatment, he spent a sum of Rs. 20,000/ - on his medical treatment. The appellant has stated that he was operated upon twice. According to him, his leg was not working well and he was permanently disabled. He claimed a sum of Rs. 40,000/ - alongwith interest. The application was hotly contested and in view of the rival case, the Tribunal struck following issues:1. Whether the accident took place on account of rash and negligent driving of truck No. HRP -2636 by Hans Raj, respondent No. 1?
(2.) ON proof of issue No. 1 to what amount if any, is petitioner entitled by way of compensation and from whom ? Whether the petition is within time ?
(3.) WHETHER the petitioner is barred for non -joinder of necessary parties, as alleged ?;


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