BHUPESH CHANDRA JOSHI Vs. MUKHTAR ALAM ALIAS GUDDU

JUDGEMENT

(1.) THIS appeal has been preferred un der Section 173 of the Motor Vehicles Act, 1998 (in short the Act) against the judgment and award, dated 13-05-1996, passed by Motor Accident Claims Tribunal/first Addl. District Judge, Nainital (in short the Tribunal) in M. A. C. Petition No. 260 of 1994, Sri Mukhtar Alam Vs. Sri Bhupesh Chandra Joshi and another,- whereby the learned Tribunal awarded compen sation of Rs. 25,000/- along with inter est @ 12% per annum against the ap pellant. Aggrieved, the appellant (owner of the vehicle) has come up in appeal.

(2.) BRIEF facts of the case are that claimant-respondent no. 1 on 31-05-1994 at about 10-30 p. m. when he was going back to his home from the side of Tikonia, Haldwani and reached near Pulia of Nahar a Truck No. UTF 1641, which was driven rashly and negligently by the driver of the said truck dashed against the stationary vehicle No. DLG 1986. The said stationary vehicle fell upon the claimant-respondent no. 1 crushing his right hand. The claimant-respondent no. 1 was admitted to Hospi tal, where he remained under treatment from 31-5-1994 to 21-6-1994 and sum of Rs. 25,000/= was spent on his treat ment but even then his hand could not be set at right after the treatment and he became physically disabled due to injury. At the time of the accident the claimant-respondent no. 1 was 11 years of age and he was earning Rs. 900/= per month by working as mechanic. It was alleged that the appellant/opp. Party no. 1 is the owner of the said truck no. UTF 1641, which was insured with National Insur ance Company. The claimant/respondent no. 1 claimed compensation of Rs. 1,00,000/- against the owner-appellant as well as National Insurance Company.

(3.) BEFORE the learned Tribunal the claimants have examined three wit nesses, namely Mohd. Yusuf (PW 1), Anwar Hussain (PW 2) and Dr. S. P. Ojha (PW 3) and filed documentary evidence. A brief reference to their evi dence is given below.