Compensation in motor vehicle accident case -- Non pleading of -- Counsel failed to draw the attention of the Court to such defence in the written statement and any discussion before the Tribunal on this aspect -- Driver of the offending vehicle did not appear in evidence to depose about the manner in which the accident took place -- Counsel also failed to draw attention of the Court to the cross examination of PW2, eye-witness on this aspect – Court expresses inability to accept the argument.
(P&H HC) Decided on: 23.04.2021