BHUPENDRA SINGH BORA Vs. DIWAN SINGH BORA

JUDGEMENT

(1.) J. C. S. Rawat, J. 1. Since both the cases are arising out of the same award and decree and com mon question of fact of law are involved in both the cases, as such, they are being decided by the common judgment.

(2.) THIS appeal, preferred u/s 173 of the Motor Vehicles Act, 1988, is directed against the award dated 23-06-2005 and decree dated 30-06-2005 passed by the Motor Accident Claim Tribunal/district Judge, Pithoragarh, in M. A. C. Case No. 31 of 2003 whereby the claim of the claimant was allowed for an amount of compensation to the tune of Rs. 9,500/- and the owner of the offending jeep- Diwan Singh Bora was di rected to pay the same.

(3.) ON the basis of the pleadings of the parties, the learned Tribunal had framed the following issues. i. Whether the accident in question occurred due to rash and negli gent driving by its driver on 23-10- 2002, near Jaurashi, Tehsil Didihat, District Pithoragarh by Mahendra Jeep No. U. A. 05/0609 in which the Bhupendra Singh has received the injuries ? ii. Whether the driver of the vehicle in question Mahendra Jeep No. UA 05/0609 has valid and effec tive license for driving the vehicle at the time of accident ? iii. How much compensation the claimant is entitled to get and from which opposite party?