PARAS Vs. KAMAL KISHORE

JUDGEMENT

(1.) The Appellant filed a claim petition under section 166/140 of the Motor Vehicles Act, 1988 (for short, The 1988 Act') before the Motor Accidents Claims Tribunal, Delhi (for short, The Tribunal') claiming compensation for the permanent partial disability suffered by the appellant as a result of an accident due to the negligence of respondents and claimed Rs. 10,07,000/- from the Respondent 1 (driver), Respondent No. 2 (owner), and insurer insurance company).

(2.) The facts of the case are that on 3.7.93 at about 1.30 A.M, near Shastri Nagar Kura ghar, while the appellant was sitting on the front portion of the cycle danda (frame) which his friend was driving, a truck bearing registration number DLG 3445 came from behind rashly & negligently at fast speed and struck against the cycle which resulted in the petitioner sustaining three fracture on his right leg. He has been permanently partially disabled to the extent of 20% from the femur portion of the right leg. He claimed a compensation of Rs. 10,07,000/- from the respondents.

(3.) The respondents filed written statements. The Respondent No. 1 stated that the vehicle was insured with National Insurance Company, Azadpur Branch with the cover note policy bearing No. 0418284 valid from 28.7.92 to 27.7.93 therefore, the liability is that of the Respondent No. 3 (Insurance company). He further took a defence that the accident took place due to the negligence on part of the injured himself. Respondent No. 2 also filed the written statement on same line.