BHAGWAN SWAROOP BHATNAGAR Vs. NARENDRA SINGH RAWAT

JUDGEMENT

(1.) THIS is an appeal by owner of two-wheeler. Motor Accident Claims Tribunal Dabra (to be called as Tribunal only) has awarded Rs. 35,000/- as compensation with interest @ 12% p.a. since 14.11.1992 to the date of payment. The offending two wheeler was not insured.

(2.) AS per claim N.S. Rawat (AW 1) the claimant, a farmer and milk vendor, was dashed from behind by the motor cycle owned by the appellant and driven by P.K. Gupta (R-2) injuring him severely. On report to the police Crime No. 231/92 under section 279, 337, 338 of IPC was registered against P.K. Gupta (R-2) and charge sheet was filed in the criminal Court.

(3.) HE has examined himself as AW 1, Prahlad Dubey (AW 2), Jeevanlal Soni (AW 3), eye-witnesses of the accident to prove negligence of Pavan Kumar Gupta (NAW 1). Immediate FIR (Ex. P-1) was also lodged. Pavan Kumar (R2) was arrested vide Ex. P-5 on 31.5.1992. His motorcycle was seized vide Ex. P-4 on the same day. A report under S. 279 and 337 was lodged against him by the police after due investigation and criminal case has been pending. On this evidence the finding of the Court below that Narendra Singh Rawat (R1) was injured due to fault of Pavan Kumar Gupta (R2) has been based on correct appreciation of evidence on record. Pavan Kumar Gupta (R2) has not come in appeal against such finding. Thus, negligence is well proved.