DEEPAK KUMAR JAIN Vs. SHIVE SHANKER

JUDGEMENT

(1.) HEARD Shri Zafarullah Siddiqui, Counsel for the appellant and Shri Siddartha Bisht, Counsel for the respondent. By the present appeal, filed under section 173 of Motor Vehicles Act, 1988, the appellant has prayed for setting aside the judgment and award dated 1.11.2003 passed by the Motor Accident Claims Tribunal/District Judge, Nainital in M.A.C.P. No. 191 of 2002.

(2.) BRIEFLY stated, a motor accident Claim Petition No. 191 of 2002 was made for compensation under sections 166 and 140 of the Motor Vehicles Act on account of injuries sustained by his son Hempal (hereafter referred as "the victim") on 9.7.2002 in a motor accident. According to the claimant, on 9.7.2002 at about 7 p.m. when the victim was standing at Line No. 1, Azad Nagar, Haldwani, District Nainital, the rider of the motor -cycle No. U.A. 04 -1093 who was riding the offending motor -cycle very rashly and negligently hit the victim. As a result of the aforesaid accident the victim sustained grievous injuries. Thereafter, the victim was admitted to Soban Singh Jina Government Hospital, Haldwani where he underwent the treatment. The victim received injuries at his hand, leg, lips and eyebrows and four stitches were also made on his head. In the C.T. scan and X -ray report of the victim, it was found that his left and right parietal bones were fractured. The claimant has spent Rs. 15,000/ - on the treatment of the victim. The victim is a student of U.K.G. and due to the accident his study has been disturbed. His behavior has also changed to abnormal and working capacity has also affected. It has been stated that the claimant is the sole bread earner of the family and on the date, of accident he could not go to his work. The claimant has made the treatment after taking loan. The claimant has claimed Rs. 1,00,000/ - under section 166 of Motor Vehicles Act and Rs. 25,000/ - under section 140 of Motor Vehicles Act. Thus, a sum of Rs. 1,25,000/ - has been claimed.

(3.) THE claimant has examined Shiv Shanker as P.W. 1, Rajkumar Bakshi as P.W. 2 and produced 8 documents as per list 7ga/1 and 2 documents as per list 7ga/13.