DIWAN SINGH Vs. HEERA BALLABH PANDEY

JUDGEMENT

(1.) RAJESH Tandon, J. 1. This appeal has been preferred against the Award dated 27- 11 -2003, passed by the Motor Accident Claims Tri bunal, Champawat for enhancement of the amount of award.

(2.) THE appellant Diwan Singh pre ferred a claim petition under section 166 of the Motor Vehicles Act, for the grant of compensation on account of the in juries sustained by him in a motor vehi cle accident. According to the claimant on the fateful day on 6-12-2001 at 9. 30 AM he was going to Tanakpur from Pithoragarh by Jeep Taxi No. U. P. 29-0048, when he reached near village Baparan an Army truck No. 91- D-87255 dashed the Jeep. According to the claim ant the truck involved, in the accident was being driven rashly and negligently. THE deceased sustained grievous injuries in the accident and his right hand was amputated from wrist. According to the claimant he incurred Rs. 50,000/- in his treatment. He has become handicapped and is unable to do his business.

(3.) RESPONDENT no. 3, Union of In dia in its written statement has submit ted that the accident did not take place due to rash and negligent driving by the driver of Truck. The accident took place due to rash and negligent driving by the jeep driver and the jeep was over-loaded.