OM PRAKASH GOYAL Vs. RAGHVENDER VIKRAM SINGH

JUDGEMENT

(1.) The present First Appeal From Order challenges the validity and correctness of the judgment and award dated 18.05.2012 passed by Motor Accident Claim Tribunal/Additional District Judge, Court No. 1, Ghaziabad in M. A. C. P. No. 10/2006. The appellant has sought relief for enhancement of compensation as claimed by him to the tune of Rs. 7,20,000/- along with interest @ 15% per annum.

(2.) The brief facts of the case are that the appellant was posted as Special Judge, E. C. Act, Sultanpur. on 9.8.2005 while he was going to court on his scooter, he met with an accident at about 10.15 A. M. near the entrance gate of the Civil Court. The accident occurred due to collision with the bus bearing registration no. DL IP 6359 owned by Rajendra Vikram Singh. It is alleged that this bus without any passenger driven by Raj Kapoor Mishra had hit the appellant's scooter from behind near the entrance gate of Civil Court, due to which the appellant fell down with his scooter. Front left wheel of Bus went over the scooter crushing the scooter and causing fracture in the left leg of the claimant-appellant below the knee in Tibia and fibula bones. The FIR of this accident was lodged on the same day at P. S. Kotwali Sultanpur. The police submitted charge sheet against respondent no. 2 and criminal case is pending in the court of C. J. M. Sultanpur.

(3.) The appellant also filed motor accident claim application before the Tribunal at Ghaziabad which was registered as M. A. C. T. Case no. 10 of 2006 against the owner and driver of the bus. The claim petition was contested by the owner of the bus claiming that there is contradiction in the averment made in the claim petition, income, documentary and oral evidence and the circumstances in which the said accident is said to have taken place as well as the extent of permanent disability claimed by the claimant which are to be proved by the him. He also raised the question of jurisdiction on the ground that claim petition has been filed at Ghaziabad though cause of action had arisen at Sultanpur whereas the claimant-appellant resides in his government residence B-11 Officers Colony, Sultanpur.