MUNICIPAL CORPORATION OF DELHI Vs. RAM PRAKASH

JUDGEMENT

(1.) This Judgment will dispose of F. A. O. 18/67 F. A. O. 19/67, F. A. O. 34/67 and CM (Main) 22/67 (Cross-objections in F. A. O. 19/67) as they arise out of the same award of the Tribunal.

(2.) F.A.O. 18 and 19 of 1967 are appeals under Section 110-D of the Motor Vehicles Act against the order of the Accident Claims Tribunal by which he granted Rs. 4900.00 to Ram Prakash (respondent in F.A.O. 18/67, Rs. 5156.75 to Prem Sagar (respondent in F.A.O. 19/67).

(3.) Respondents put in application under Section 110-A of the Motor Vehicles Act claiming that the injuries have been received by them by the rash and negligent driving of D.T.U. bus No. D.L.P. 630 on 22-9.1963 at about2.45 p.m. near Subash Marg, near Lajpat Rai Market. It was alleged that Ram Parkash, respondent, was going from Darya Ganj side when he was hit by the bus, with the result that he fell down and sustained Multiple injuries and remained as patient in the hospital till 14.10.1963. In the application filed by Prem Sagar, respondent, it was alleged that on that day be was standing on foot path when the bus came on the extreme right side and after hitting the iron railing, climbed on the foot path and violently struck against a tree resulting into injuries to him. He remained confined to the hospital and was discharged only on 2.11. 1963. It was pleaded in both the applications that the accident was caused due to rash and negligent driving of the bus by the driver. Ram Parkash claimed an amount of Rs. 15000.00 on account of injuries suffered by him while Prem Sagar claimed lumpsum of Rs. 40,000.00 as compensation.