SANDEEP KUMAR Vs. VINOD SINGH

JUDGEMENT

(1.) THIS appeal under Section 173 of Motor Vehicles Act has been filed by the claimant against the judgment and award dated 13. 07. 2007 passed by District Judge/m. A. C. T. , Pauri Garhwal in M. A. C. P. No. 54 of 2005, Sandeep Kumar Vs Vinod Singh and others whereby the Tribunal allowed the claim petition of the appellant and awarded a sum of Rs. 1,25,000/- against the Oriental Insurance Company Ltd.

(2.) BRIEF facts of the case are that Sri Sandeep Singh on 30. 06. 2002 was traveling in a jeep No. UP06/319, which was being driven by its driver in a very rash and negligent manner. When the said jeep reached at Gumkhal-Chelusain Motor Marg it met with an accident at about 07:00 p. m. due to which he sustained serious injuries. Immediately after the accident, he was admitted in the hospital at Kotdwar. Thereafter, he was referred to Dehradun and then to P. G. I. , Chandigarh for better treatment in which he has incurred Rs. 3. 00 lacs on his treatment. According to him, at the time of the accident, he was earning by tuition or by agricultural work, therefore, he filed claim petition for Rs. 6,00 lacs as compensation against the owner as well as against the Insurance Company.

(3.) THE owner of the jeep as well as the Insurance Company contested the claim petition by filing their written statement before the Tribunal concerned. The Tribunal, on the basis of the pleadings of the parties, framed relevant issues, which were discussed in great detail.