JUDGMENT B.D. Agrawal, J. - This appeal u/s 110-D of the Motor Vehicles Act is directed against the judgment of the Motor Accident Claims Tribunal (District Judge, Banda) dated 3rd November, 1977. According to the appellants case on January 24, 1975 around 5 00 P.M. he was walking on foot behind the bullock-cart which was being driven by his brother Surja from Maudah towards Banda. The cart was carrying cattle fodder. The appellant was to the left of the road. Bus USG 6345 belonging to the respondent No. 1 and being driven by the respondent No. 4 came from behind and the appellant, it is stated, was hit on this account which resulted in injuries to him including a fracture to his leg. He was rendered unconscious having fallen to the ground. The brother took him to the Banda Hospital and first information report was lodged by the brother at 10.00 P.M. that day at the Police Station Kotwali, Banda. 2. In defence it was asserted that no accident resulted from the Bus aforementioned driven by the respondent no. 4. The cattle fodder was being taken by the bullock cart and may be the appellant was hit due to the bullocks having lost the balance. 3. The tribunal recorded the finding that the appellant had failed to establish that the accident took place due to the impact of the Bus in question hence no question of claim on his part for any compensation on this account arises. The claim petition has been dismissed without any finding on the quantum of damages being recorded. 4. Learned Counsel for the appellant has taken me through the evidence on the record and contends that on the basis thereof including the pleadings of the parties it may be said to be fairly established that the accident took place as a result of the impact made by the Bus aforementioned. In this connection he has referred in particular to the averments made by the respondent No. 4, the driver in paragraph 5 of the written statement filed by him and the statement given by the respondent No. 4 on oath. It has been urged that the report was lodged by the brother of the appellant without loss of unreasonable time and that therein all the particulars of the said Bus are indicated. 5. It has been urged that the report was lodged by the brother of the appellant without loss of unreasonable time and that therein all the particulars of the said Bus are indicated. 5. Learned Counsel appearing for the respondent No. 2 has submitted in reply that looking to the nature of injuries caused to the appellant it does not been probable that they resulted due to impact of the bus and further that the appellant could not himself be in a position to note the particulars of the Bus nor could this be possible for his brother either. 6. Having heard learned Counsel and on perusal of the relevant evidence. I am unable to agree with the finding reached on the point by the Tribunal. The appellant has given his version relating to the accident in the claim petition and also the statement given on oath. It is true and there is no denial that upon the injuries being caused the appellant became unconscious and therefore, he could not personally be in position to mark the number of the Bus or the other details thereof. It is difficult to accept, however, at the same time that his brother too could not have been in position to notice the same. Even though sitting on the bullock cart or driving the same he could very well be cognizant of the impact caused to his brother moving behind the cart when the vehicle allegedly struck against him. The particulars of the Bus appears in the report made by him. The intervening period between the accident and the lodging of the report is reasonably explained from the fact that the appellant was first taken to the hospital and it is there that the appellant's brother as he testifies got the report scribed in writing before taking the same to the Police Station Kotwali Banda. The appellant's brother has deposed that two school boys had immediately at the spot given him a Parcha nothing therein the Bus number which he passed on to the police station along with the report in writing. That Parcha is not placed on the record but this ceases to be a material consequence. The appellant's brother has deposed that two school boys had immediately at the spot given him a Parcha nothing therein the Bus number which he passed on to the police station along with the report in writing. That Parcha is not placed on the record but this ceases to be a material consequence. Consideration being had to the fact that the required particulars of the Bus do appear written in the body of the report itself it does not seen likely that the Bus in question could not have been substituted in place of some other vehicle, if any, involved in this affair. 7. From the pleadings on the side of the respondents including paragraph 5 of the written statement submitted by the driver it could appear to be manifest that there was some accident resulting in injuries caused to the appellant at the moment. It is admitted therein that it is this Bus driven by the respondent No. 4 which tried to overtake the appellant who was moving on foot towards the left on the road at the relevant time. The suggestion offered is that it may be due to the bullocks having lost the balance that the appellant received the injuries in question: that is one aspect of the matter but from this it cannot be claimed to follow that it is not the Bus is question but some other vehicle which may have been on the scene at the relevant time. In so far as the allegation that the accident may have resulted due to the bullocks having lost the balance is concerned, there is the testimony of the appellant's brother which to my mind inspires confidence. So far as the respondent No. 4 is concerned, there is a mere conjecture on his part apart from the fact that he is a person interested. The presence of the appellant's brother at the moment is not in doubt and he may safely be relied upon when he narrates the version relating to the accident. The injuries caused to the appellant includes a fracture on one of the legs and it is not incredible that due to the slight impact of the Bus he fell to the ground resulting into abrasion and the lacerated wound besides the fracture on one of the two legs. The injuries caused to the appellant includes a fracture on one of the legs and it is not incredible that due to the slight impact of the Bus he fell to the ground resulting into abrasion and the lacerated wound besides the fracture on one of the two legs. The bullocks moving naturally ahead of the cart could not have possibly hit the appellant who was behind the cart even if it were accepted that the bullocks lost the balance due to the Bus approaching from behind. 8. Consideration being had to the above, I find upon the evidence placed on the record and the attending circumstances established satisfactorily that the accident resulted due to the impact of the Bus in question. 9. Since there is no finding recorded by the Tribunal on the point of quantum of compensation payable to the appellant on this account, the case, has to be remanded to the Tribunal for giving a decision thereon. The Tribunal may in this connection also determine upon the evidence whether the Bus in question was being at the relevant time driven rashly or negligently. 10. Having regard to the above, the appeal succeeds in part and is allowed accordingly. The judgment and decree of the Tribunal dated 3rd November, 1977 are set aside. The Tribunal is directed to redecided expeditiously the claim petition on merits and according to law keeping in view the observations made above on the material already placed on the record. Costs of the appeal shall be on parties.