JASVIR SINGH Vs. HAMEER SINGH

JUDGEMENT

(1.) This appeal has been preferred by the claimant-Appellant Jasvir Singh against the judgment and award dated 20.5.2010, passed by the learned 1st Additional District Judge (Motor Vehicles Act), Farrukhabad in Motor Accident Claims Petition No. 94 of 2008.

(2.) Briefly stated the facts giving rise to the present appeal are that on 19.12.2007 at about 6.30 p.m. the claimant-Respondent Jasvir Singh, aged about 35 years, resident of village Rutaul, Police Station Kayamganj, district Farrukhabad was going on Motorcycle No. UP-76D-1587 alongwith one Ajay Kumar Shukla. While on way, the above noted motorcycle was dashed by the tractor bearing registration No. UP-76-H-7223, due to rash and negligent driving by its driver resulting in serious injuries to the Appellant on several parts of his body. The Appellant had to incur a huge amount of money in his treatment in Raja Ram Memorial Nursing Home, Farrukhabad and due to this accident he has become disabled to do agricultural work for the livelihood of himself and his family members.

(3.) At the time of accident the above tractor was owned by opposite party No. 1, Hamir Singh and driven by opposite party No. 2, Jaipal alias Pappu and it was insured by opposite party No. 3, New India Insurance Co. Ltd.