THAKUR PRASAD Vs. GOPAL SINGH

JUDGEMENT

(1.) This is an appeal against the judgment and award dated 13.4.2004, passed by the Motor Accidents Claims Tribunal, Pithoragarh, awarding a sum of Rs. 2,00,000 to the appellant.

(2.) Briefly stated the facts giving rise to the appeal are that claimant filed a petition under section 166 of the Motor Vehicles Act, for grant of compensation on account of injuries sustained by him in a motor vehicle accident. The claimant petitioner alleged that he sustained grievous injuries in a motor vehicle accident on 15.6.2002 at 11.00 a.m. on Dashaiethal-Khirmandey Road at Syudachami involving jeep No. UP-03 4054. The claimant submitted that the accident occurred due to rash and negligent driving by the driver of the jeep. He was admitted to the hospital at Gangolihat from where he was referred to the District Hospital at Pithoragarh. Considering the seriousness of injuries the claimant was further referred to Safdarjang Hospital, New Delhi. He remained hospitalised from 21.6.2002 to 13.7.2002. Due to the injuries sustained in the accident he has become permanently disabled.

(3.) The claim petition was contested by the owner of the jeep as well as by the insurer. Both parties had filed their respective written statements. The owner of the vehicle denied that the accident took place due to rash and negligent driving of the jeep. New India Assurance Co. Ltd. had submitted in its written statement that the jeep in question was being driven against the terms and conditions of the insurance policy and the insurance company is not liable to pay compensation.