JYOTI RAM Vs. ASHOK BANSAL

JUDGEMENT

(1.) The present appeal has been filed against the award dated 24.11.2008 passed by learned Motor Accident Claims Tribunal, Yamuna Nagar at Jagadhri (for brevity 'the Tribunal'), whereby the claim petition filed by the claimant -appellant was dismissed.

(2.) The brief facts of the case are that appellant alongwith Mewa Ram and Suresh Kumar was riding on a motorcycle on 19.12.2006. While he was entering from the link road to main road, a car bearing registration No. HR-17-E-0087 coming on the main road struck against his motorcycle, which resulted into his injuries. The appellant was rushed to the Jain Hospital by respondent No. 1, the driver of the said car. The appellant was discharged from the hospital on 25.12.2006. He made a statement before the police. Pursuant thereof, a DDR No. 9 dated 25.12.2006 Ex.P5 was recorded. As per the same, nobody was found responsible for the alleged accident. As per the DDR, recorded on the statement of complainant himself, a cyclist came in front of his motorcycle and in order to save him, respondent driver applied the brakes and his car struck against the motorcycle. He was removed to the hospital of Dr.Deepa Jain. It is specifically recorded in the DDR that the accident took place during the efforts to save the said cyclist and no one was responsible for the same. The number of the vehicle was mentioned in the DDR as HR 17E-0081.

(3.) On 9.3.2007, the appellant filed the claim petition and asserted that DDR Ex.P5 was recorded on frivolous facts. He further asserted that the number of vehicle in question was not rightly mentioned in the DDR, rather it is HR 17E-0087. He further asserted that the accident had taken place due to rash and negligent driving of the driver of the car.