BISHAN SINGH KANWAL Vs. JAGAT SINGH MEHTA

JUDGEMENT

(1.) THIS appeal preferred under section 173 of Motor Vehicles Act, 1988, is directed against award dated 01.06.2009, passed by Motor Accident Claims Tribunal/District Judge, Almora, in Motor Accident Claim Case No. 02 of 2008 whereby the Tribunal has awarded Rs. 2,00,000/ - to the claimant/appellant which is directed to be paid by respondent No.3 (National Insurance Company) with whom the vehicle was insured at the time of the accident.

(2.) HEARD learned counsel for the parties and perused the record of the Tribunal.

(3.) BRIEF facts of the case are that on 20.09.2007 at about 10.30 am near Tourist Rest Centre, Khairna, claimant/appellant Bishan Singh Kanwal, was waiting for a vehicle, when suddenly a vehicle bearing Registration No. UAO4B -9585, which was being driven rashly and negligently by its driver (respondent No.2), dashed at him. Claimant/appellant suffered grievous injuries on his legs. He was immediately taken to nearest Primary Health Center, from where, he was referred to Krishna Nursing Home, Haldwani, and from there he had to go Bareilly, for further medical treatment. Claimant (injured) claimed Rs. 14,65,158.73 as amount of compensation, from the respondent No.1 Jagat Singh Mehta (owner of the vehicle), respondent No.2 (driver) and respondent No.3 (National Insurance Company Ltd., with whom the vehicle was insured at that time of the accident).