NAIN DEV Vs. BALWINDER SINGH

JUDGEMENT

(1.) THIS F.A.O. filed by Shri Nain Dev, has been directed against the award dated 6.6.1996 passed by the Court of Motor Accident Claims Tribunal, Karnal, who, dismissed the claim petition of the appellant, under Section 166 of the Motor Vehicles Act filed against the driver, owner and the Insurance Company of Vehicle No. PB-06-2127.

(2.) THE brief facts of the case are that the appellant Nain Dev was employed as Supervisor in Classic Carpets, Jagadhri and on the date of occurrence, he was drawing a monthly salary of Rs. 2500/-. The accident took place on 2.12.1992. The claimant was travelling in a truck No. HRO-2-5284 being driven by its driver Naurat Singh. The appellant started his journey from Jagadhri at about 6.00 P.M. and he was proceeding to Delhi in that truck. At about 10 P.M. when the said truck reached near A-1 Hotel on Namestay Chowk G.T. Road Karnal, a truck bearing registration No. PB-06-2127 being driven by respondent No. 1 came from the side of Delhi. According to the claimant, the said truck was being driven rashly and negligently and on a very hectic speed. The said truck was coming on the wrong side of the road and struck against Truck No. HR 02- 5284 in which the claimant was travelling. In this manner, the accident took place. The claimant sustained severe injuries on its entire body. Initially, he was admitted to Civil Hospital, Karnal, from where he was shifted to a private hospital, Karnal and thereafter, shifted to a private Hospital, Yamuna Nagar. According to the claimant, the accident was caused by respondent No. 1 while driving truck No. PB-06-2127 in rash and negligent manner.

(3.) NOTICE of the claim petition was given to the respondents. Respondent No. 1 and 2 filed a joint written statement and denied the allegations stating that the claimant has no locus standi to file the claim petition; that it is barred by limitation and that the appellant is estopped by his own act and conduct from filing the claim petition.