Inder Mohan Agnish vs Union Of India (Uoi)
1989 Latest Caselaw 408 Del

JUDGMENT

Y.K. Sabharwal, J.

1. This is a suit filed by the plaintiff for recovery of Rs. 2,68,600/-on account of damage alleged to have been suffered by the plaintiff as a result of accident which according to the plaint was caused by rash and negligent act of the employees of defendant acting during the course of the employment. In the plaint it is alleged that because of said rash and negligent act, the plaintiff fell unconscious on the road with grevious injuries. The details of injuries have been given in the plaint.

2. The suit is being contested by the defendants who have inter alia denied the injuries as also the fact that the alleged accident took place due to rash and negligent act of the employees of the defendant.

3. On pleadings of the parties, following issues were framed:

1. Whether the plaintiff met with an accident on January 26, 1977 with the horse/horses of the defendant ?

2. If issue No. 1 is proved whether the accident was due to any negligence on the part of any employee or employees of the defendant ?

3. To what amount, if any, is the plaintiff entitled towards damaged ?

4. Relief.

4. The only evidence led is that of P.W. 1 Dr. R.L. Gupta, Sr. Surgeon, Department of Surgery, Safdarjung Hospital, New Delhi who has deposed about the nature of injuries suffered by the plaintiff in accordance with the Hospital records. By separate orders made today, evidence of the plaintiff has been closed. The onus of all the issues is on the plaintiff. Plaintiff has not led any evidence to prove the aforesaid issues. Accordingly, all the issues are answered against the plaintiff and in favor of the defendant.

5. Consequently the suit is dismissed. However, in the facts & circumstances of the case, the parties are left to bear their own costs.