- (1.) THIS appeal is directed against the order of Motor Accidents Claims Tribunal, Kapurthala whereby he dismissed the application for compensation filed under Section 110-A of the Motor Vehicles Act, 1939 (for short 'the Act') filed by the appellant.
(2.) THE facts: The appellant was driving a cart loaded with wood and was proceeding from Kapurthala towards Jalandhar. He was driving the cart on his left side and a lamp was hanging under the cart. When the cart reached the road from where two link roads bifurcate towards villages Dhaliwal Dona and Dhawankhe Jagir, respondent No. 2 came driving truck bearing registration No. PBJ 9145 from Kapurthala side. It was being driven rashly and negligently and at a high speed. The driver did not use the dipper. The truck dashed against the cart and smashed it. The appellant fell down on the road. The heavy wood and some part of the cart fell on him. He suffered multiple injuries. The truck was owned by M/s. J. B. Solvex Industries (P) Ltd. , Wariana, Kapurthala, respondent No. 1, a multimillionaire, which wielded influence with the police and the criminal case was hushed up. The appellant remained in different hospitals for treatment and had been confined to bed due to multiple injuries.
(3.) AT the trial, the respondents did not put in appearance despite service and ex parte proceedings were taken against them.;