AMIT Vs. BADLU RAM

JUDGEMENT

(1.) The appeal at hand was filed to assail the judgment dated 20.07.2009 of the Motor Accident Claims Tribunal (Tribunal), in the accident claim case (suit no.336/2008), instituted by the first respondent Badlu Ram (since deceased) on 12.04.2006 for injuries suffered in a motor vehicular accident that occurred on 29.05.2005 at about 9.00 a.m. at Rama Road, Patel Nagar Chowk, New Delhi statedly involving motorcycle bearing registration no.DL-6SQ-7167 (the motorcycle), admittedly registered in the name of the second appellant (Mahinder Puri, since deceased), it being driven at the relevant point of time by the first appellant (Amit, now the sole appellant). In the said claim case, no insurance company was impleaded as the motorcycle was not shown to be covered by any insurance policy against third party risk.

(2.) The Tribunal after inquiry, by judgment dated 20.07.2009, awarded total compensation in the sum of Rs. 88,241/- with interest at the rate of seven and half per cent (7.5%) holding the appellants jointly and severally liable to pay, the said amount including Rs. 34,106/- towards medical expenses, Rs. 20,000/- towards conveyance and special diet charges, Rs. 9,135/- towards loss of income and Rs. 25,000/- towards pain and suffering and loss of amenities of life.

(3.) The appeal at hand was filed primarily to reiterate the contention of the appellant that there was no collision and that the first appellant and the motorcycle of the second appellant have been falsely implicated. It was the plea of the first appellant before the Tribunal, also urged in his testimony (as R1W1) that when he had reached the spot in question, he had found the victim lying injured with his bicycle overturned and that he had only helped him to be shifted to hospital.