LAWS(P&H)-2012-5-293

HAKAM SINGH Vs. PARAMJIT SINGH

Decided On May 30, 2012
HAKAM SINGH Appellant
V/S
PARAMJIT SINGH Respondents

JUDGEMENT

(1.) CHALLENGE in this appeal is the award dated 8.5.1996 passed by Shri S.S.Grewal, Motor Accident Claims Tribunal, Rupnagar vide which the claim petition preferred by Hakam Singh claimant/appellant was dismissed.

(2.) THE case of the claimant/appellant as set forth before the Tribunal was that on 14.9.1991 at about 5.00 p.m., claimant was traveling on scooter bearing registration No.CHO -3638. He was sitting on the pillion seat and the same was being driven by Kulwant Singh at a slow speed and on the left side of the road. They started from village Teheri and were going towards village Gharuan. They crossed near Machhipur and had gone half a kilometer ahead, at that time a Swaraj tractor bearing registration No. HRX -4309 came from the left side i.e. katcha path and took sudden right turn and struck against the scooter. Claimant sustained injuries due to the accident whereas Kulwant Singh fell on the road. Both of them were taken to the hospital. The accident has taken place due to rash and negligent driving of Swaraj Tractor by its driver Paramjit Singh. The claimant claimed a sum of Rs.5,00,000/ - as compensation on account of injuries sustained by him in the motor vehicular accident.

(3.) FROM the pleadings of the parties, following issues were framed : -