NATIONAL INSURANCE COMPANY Vs. MOHAN SINGH & OTHERS

JUDGEMENT

(1.) This present appeal has been submitted under Section 173 of the Motor Vehicles Act contending that the application moved by the injuredclaimant/respondent No.1 Mohan Singh seeking compensation under Section 166 of the Act has been rejected by the Claims Tribunal in a Claim Case No.22/2003.

(2.) As per claimant, on 22/4/02, when he was going on a motorcycle as a pillion rider, at that juncture, Truck No.MP08/5575 driven by respondent No.2 and owned by respondent No.3 suddenly came and dashed the motorcycle as a result of which, the claimant sustained injuries including fracture of lower 1/3rd right tibia and fibula bone. The motorcycle was also damaged due to such accident. The matter was reported to the Police Station and the offence was registered and after investigation into crime, charge sheet was filed. At the time of presenting the claim seeking compensation on account of receiving injuries by the injured in an accident, an application under Section 140 of the Act was also filed for grant of interim compensation, which was rejected by the claims tribunal vide order dated 7/4/03.

(3.) Now, the stand taken by the learned counsel appearing for the appellant/Insurance Company is that as per the impugned Award dated 13th January, 2005, the whole claim of the claimant has been denied as the accident was not found proved by the offending vehicle.