NARESH KUMAR KATARIA Vs. RAKESH

JUDGEMENT

(1.) This is an application praying for condonation of delay in filing the appeal. In view of the ground given in the application, the delay is condoned.

(2.) The facts leading to the filing of the claim petition in a nutshell are that the appellant Naresh Kumar Kataria sustained grievous injuries in a road accident, which took place on 9.2.2004, within the jurisdiction of Police Station, Bawana, when he was hit by the offending motorcycle bearing No. DL-8SW-7876. Allegedly, the said motorcycle was being driven by the respondent Nos. 1-Rakesh Kumar, was owned by the respondent No. 2-Krishan Pal and was insured with the respondent No. 3 Insurance Company. The respondents No. 1 and 2 in the written statement filed by them to the claim petition however denied the factum of accident, though the respondent No. 3 admitted that motorcycle owned by the respondent No. 2 was insured with it from 6.7.2003 to 5.7.2004.

(3.) After the parties had marshalled their respective evidence, the Motor Accident Claims Tribunal dismissed the petition on the ground that the appellant had failed to establish that the accident was caused by the respondent No. 1 while driving motorcycle No. DL-8SW-7876. Aggrieved against the dismissal of his claim petition, the appellant has preferred the present appeal, on which I have heard his Counsel Mr. H.R. Jha, Advocate as well as the Counsel for the respondent No. 3-Insurance Company, Mr. Manoj R. Sinha, Advocate.