SARNAM SINGH YADAV Vs. RAGHUVEER SINGH

JUDGEMENT

(1.) THIS Misc. appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the award passed by the Motor Accident Claims Tribunal, Guna on 3.4.1996 in Claim Case No. 1/92, by Shri P.V. Namjoshi.

(2.) THE facts in the case are, on 20.7.91, respondent was going on Agra-Bombay Road by the road-side to see his brother Pancham Singh. Near R.K. Nursing Home, appellant Sarnam Singh came by driving scooter No. DLI 9949 rashly and negligently and dashed the respondent, as a result of which respondent sustained injury and fracture in left thigh. Appellant thereafter ran away from the place of occurrence. The respondent was admitted in the hospital. The First Information Report was lodged by his brother Pancham Singh within 15 minutes, which is Ex. P 1 on record. In the FIR, it is mentioned that Sarnam Singh Yadav resident of Mahaveer Pura, Guna, dashed with his scooter. So there is no dispute about the identity. The FIR mentions the name of the appellant. The offence was registered on 20.7.1991, at 12.30. The investigation was made and the Criminal Case No. 1419/91 was filed in the Court of Chief Judicial Magistrate, First Class. During the proceedings, certified copies of Ex. P 1, Ex. P 2 and Ex. P 3 were filed. Ex. P 4, P 5, P 6, P 7, P 8, P 9, P 10, P 11, P 12, P 13, P 14 & P 15 are the medical bills, which have been duly proved.

(3.) IT was further admitted that Guna Police has filed the case against the appellant, but the said case is false. During trial of the claim, Raghuvir Singh was examined as AW 1. He states in his evidence that on 20.7.1991 while he was going on a cycle to meet his brother Pancham Singh, appellant Sarnam Singh driving a scooter rashly and negligently, dashed him. He also described the injuries sustained in an accident. He states that from 20th July to 30th July, 1991 he remained in the hospital. His brother Pancham Singh lodged the report, which is Ex. P 1 on record. He further states that he could not appear in the 10th Class examination for which he was appearing as he was admitted in the hospital for medical treatment. He got treatment even after three months of the incident. He states that he still feels pain in the leg while walking. In cross-examination there is nothing much, however in para 7 he was asked whether he knew Sarnam Singh before the date of the incident. He states that he knew Sarnam Singh before the date of the incident. In view of this statement, the identity of the appellant is well established. On further cross-examination in para 9 he states that in the month of August, supplementary examination was held but he could not appear as he could not fill up the examination form. He appeared in the month of April, 1992.