VANEET Vs. TEJ PAL

JUDGEMENT

(1.) The present appeal is directed against award dated 06.11.2002 passed by the Motor Accident Claims Tribunal, Karnal (for short, 'Tribunal') whereby the claim petition filed by the appellant has been dismissed.

(2.) Brief facts as unfolded from the file are that the appellant - claimant suffered multiple, serious and grievous injuries in the accident, allegedly caused by respondent No.1 - Driver, while driving the Tractor bearing No.HR-07-C-5618, in a rash and negligent manner when the injured - claimant was coming from his school. The said accident was witnessed by various persons present there and had respondent No.1 been a little bit I attest to the accuracy and integrity of this document careful, the accident could have been avoided. It was next pleaded that the offending vehicle was owned by respondent No.2 - Neki Ram and the vehicle was insured with respondent No.3 _ New India Assurance Company Limited (for short, 'Insurance Company'), and therefore, all the three respondents were jointly and severally are liable to indemnify the appellant - claimant on account of injuries sustained by him in the accident.

(3.) Upon notice, respondent Nos.1 and 2 appeared and filed joint written statement denying therein the allegations in the claim petition in toto. The alleged accident was the result of negligence of the appellant - claimant himself when he tried to cross the road without observing the traffic rules. Apart from that, certain preliminary objections with regard to cause of action; and non maintainability, were also taken.