STATE OF HARYANA Vs. NAGENDERPAL ALIAS NAGENDER

JUDGEMENT

(1.) This appeal by the State of Haryana is directed against the award dated 1.10.2009, passed by the learned Motor Accident Claims Tribunal, Narnaul (hereinafter referred to as "the Tribunal"), allowing the claim petition filed by the claimant under Section 166 of the Motor Vehicle Act.

(2.) The claimants had claimed the compensation, on the pleading, that on 14.12.2006, claimants were coming back on two wheeler scooter from village Khairoli to shop of Nagender situated at Jatwas, after repairing shutter of shop of Ajit Singh. The scooter was driven by Ajit Singh and Nagenderpal was sitting behind as pillion rider. The scooter was said to be driven at moderate speed, on the correct side of the road.

(3.) It was the case of the claimants, that it was at about 11.30 a.m., when they reached just ahead of village Nangal Sirohi, then suddenly a marshal jeep No. HR-35A/7777 being driven by Surender Kumar- FAO No. 298 of 2010 respondent No.1 came at a fast speed, rash and negligent manner. In order to avoid the accident Ajit Singh took the scooter to kacha side of the road, but even then the said marshal jeep directly hit against the said scooter, due to which they sustained grievous injuries. The accident was said to have occurred due to rash and negligent driving of Suresh Kumar. The jeep after accident was stopped by the villagers. An FIR regarding this accident was also registered. The claim petition was contested by denying all the averments.