VINAYPAL SINGH MEHRA MINOR Vs. RAM KUMAR AGARWAL

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicle Act, 1988 has been filed by the claimant/injured against the judgment and award dated 17. 02. 2005 passed by M. A. C. T. /district Judge, Nainital in M. C. P. No. 157 of 2004, Vinaypal Singh Mehra Vs Ram Kumar Agarwal whereby the Tribunal awarded a sum of Rs. 1,00,000/- in favour of the claimant/appellant.

(2.) BRIEF facts of the case are that on 31. 08. 2003 the claimant/appellant was going from Ramnagar to Dhikuli on scooter to attend his school along with Sanjay Patwal. When they reached Regora Mor, near Mazar of Village Dhikuli, Ramnagar, District Nainital, suddenly a bus bearing No. UP02c/7852 came from the opposite direction towards Ranikhet, which was being driven by its driver in very rash and negligent manner dashed the said scooter of Sanjay Patwal, due to which they sustained grievous injuries. Thereafter, the claimant was admitted in the Krishna Hospital and Research Centre, Haldwani on the same day and discharged on 15. 09. 2003. At the time of the accident, the claimant / appellant was aged about 16 years and studying in 10th Standard and used to earn Rs. 3,000/- by tuition. Therefore, the claimant/appellant filed a claim petition before the Tribunal concerned for Rs. 10. 00 lacs as compensation.

(3.) SRI Ram Kumar Agarwal - owner of the bus contested the claim petition and filed his written statement before the Tribunal concerned. It was pleaded by the owner of the bus that the said accident took placed due to rash and negligent driving of the scooterist. The said bus was being driven by its driver very slow and cautiously. The owner has further alleged that the bus was insured with National Insurance Company Ltd. at the time of the accident, therefore, the liability of compensation fall on Insurance Company.