JAGAT SINGH Vs. NIRARIJAN SINGH

JUDGEMENT

(1.) J. C. S. Rawat, J. 1. This appeal, preferred u/s 173 of the Motor Vehicles Act, 1988, is directed against the award dated 25,09. 2003, passed by the Motor Accident Clam Tri bunal/add!. District Judge/111 Fast Track Court, Udham Singh Nagar in M. A. C. Case No. 167 of 2002 whereby the claim of the claimants was rejected.

(2.) THE claimants, Jagat Singh and Smt. Hira Devi had filed a claim peti tion for compensation of Rs. 4,55,000/ - before the Tribunal alleging therein that on 27-05-2002 at about 4:00 p. m. when the claimant-Jagat Singh was sit ting as a pillion rider with his maternal brother and coming from Khatima to Ratanpur in scooter bearing No. U. P.-04/ B-8584, an offending truck bearing No. U. P. 04a/0329, which was coming from Sitarganj rashly and negligently, hit the scooter resulting in grievous injuries to the claimant-Jagat Singh in his leg. THE claimant-Jagat Singh was admitted to the Public Health Centre, Khatima and thereafter he was referred to Pilibhit for further treatment. It is alleged that the claimant- Jagat Singh was 33 years of age. THE claimant- Jagat Singh was earning Rs. 5,000/- from his dairy busi ness and agricultural farms at the time of accident.

(3.) AFTER recording the evidence and hearing the parties, the learned Tribunal held that it was not established that the claimant-Jagat Singh sustained injuries due to rash and negligent driving of the offending truck. It was further held by the Tribunal that the accident occurred due to rash and negligent driving of the scooterist. At last, it was held that the claimants are not entitled to receive any compensation.