HEMANT KUMAR KANDPAL Vs. HARISHANKAR AND ANR.

JUDGEMENT

(1.) THIS appeal, under Section 173 of Motor Vehicles Act, 1988, has been filed by appellant - claimant, against the judgment and award dated 04.05.2007 passed by Motor Accident Claims Tribunal/District Judge, Nainital, in M.A.C.P. No. 26/2006, Hemant Kumar Kandpal v. Harishankar and Anr., whereby Tribunal partly allowed the claim petition and awarded a sum of Rs. 1,00,000/ - as compensation with interest @ 6% per annum.

(2.) BRIEFLY stated the facts as narrated in the claim petition are that on 23.12.1996 at 3.30 p.m. claimant -Hemant Kumar Kandpal along with his colleague was coming from Kusumkheda to Haldwani and when he reached in front of Abdulla Petrol Pump, Kusumkheda, a Vikram Tempo No. U.P.02C -3302 which was coming on its wrong side, hit the claimant from the rear side, due to which claimant sustained grievous injuries and he was immediately admitted in Soban Singh Jeena Hospital, Haldwani. The leg of claimant was fractured and on account of the same he became disabled. At the time of accident claimant was 30 years of age and he was working on the post of Assistant Manager in Nagpal Hotel, Mangal Parao and he used to earn a sum of Rs. 4800/ - per month from the said job. The claimant alleged that a sum of Rs. 1,50,000/ - has been expended on treatment of injuries sustained by him in the accident. The claimant remained admitted in hospitals from 23.12.1996 to 17.1.1997. The claimant claimed a sum of Rs. 7,00,000/ - as compensation in lieu of injuries sustained by him in the accident, against the opposite parties.

(3.) OPPOSITE party No. 2 -United India Insurance Co. Ltd., insurer of vehicle No. U.P.02C/3302, filed its written statement denying the contents of the claim petition and stated that accident was caused on account of negligence of motorcyclist and owner and insurer of motorcycle have not been made party in the claim petition. The alleged accident was taken place before nine years back and now this claim petition has been filed in a forged manner. The claimant has involved the tempo in question in the accident only just to get the compensation. The answering respondent reserves the rights under Section 170 of Motor Vehicles Act to contest the claim on all grounds. The claim petition filed by the claimant against the answering respondent is liable to be dismissed.