NEPAL SINGH Vs. UPENDER SINGH

JUDGEMENT

(1.) The appellant Nepal Singh has impugned the award dated 12.03.2007 passed in Claim Petition bearing S.No.142/2006 whereby he was directed to pay a compensation of Rs.57,635/- alongwith interest @ 6% p.a. from the date of institution till its realization to the respondent for the injuries suffered by him in a road side accident caused by two wheeler scooter bearing No.DL-3S-7420 near Vikas Marg Flyover.

(2.) As per the averment made in the claim petition, on 02.08.1995 at about 11.20 am, the respondent/claimant Upender Singh was hit by two wheeler scooter No.DL-3S-7420. The respondent/claimant was removed to LNJP Hospital and at the time of preparation of MLC, he mentioned the registration number of the two wheeler scooter as DL-3S-7420 which had hit him and caused injuries. FIR was registered on the basis of statement of Sh.Vinod Kumar who was walking alongwith injured Upender Singh at that time.

(3.) Thereafter notice under Section 133 MV Act was served on the appellant on 29.09.1995 whereby he was informed that on 02.08.1995 at Vikas Marg near Flyover, one boy Upender Singh was hit by Scooter No.DL-3S-7420 at about 11.20 am. He was directed to report on 05.10.1995 at 3.00 pm to the Investigating Officer SI Karam Chand at PS I.P.Estate alongwith scooter, papers. Thereafter again on 14.12.1995 the appellant was served with the notice under Section 133 M.V.Act and informed to report alongwith two wheeler scooter No.DL-3S-7420 to Investigating Officer SI Karam Chand on 15.12.1995 in connection with accident of the pedestrian with that scooter.