JAYESH KUMAR JAIN Vs. DUGRA DUTT RAI

JUDGEMENT

(1.) The appellant has preferred this statutory appeal under Sec. 173 of the Motor Vehicles Act, 1988,( MV Act) assailing the impugned judgment-cum-award dtd. 20/10/2020 passed by the learned Presiding Officer, Motor Accident Claims Tribunal, East District, Karkardooma Courts, Delhi Tribunal, whereby his claim petition under Sec. 166 read with Sec. 140 of the M.V. Act was dismissed.

(2.) Shorn off unnecessary details, evidently, the appellant sustained grievous injuries in a motor accident that occurred on 10/3/2014 at 08:50 AM at Block A, Sector-4, NOIDA, Gautam Budh Nagar, State of Uttar Pradesh, with regard to which FIR No. 313/2014 under Ss. 279/337/338 of the IPC(Indian Penal Code, 1860) was also registered at Police Station- Sec. 20, NOIDA, Gautam Budh Nagar, State of Uttar Pradesh. The appellant was apparently going on foot for joining his duty when he was allegedly hit by the offending motorcycle bearing registration No. DL 7S AP 3033, which was allegedly being driven by respondent No.1 and owned by respondent No.2. A claim petition under Sec. 166 r/w Sec. 140 of the M.V. Act was filed seeking compensation to the tune of Rs.25.00 lakhs with interest.

(3.) On service of notice of the claim petition, the appearance was put by all the respondents including respondent No.3/Insurance Company as the offending motorcycle was evidently insured. The learned Trial Court after considering the pleadings of the parties, framed the following issues: -