HABIB Vs. MUKESH KUMAR

JUDGEMENT

(1.) For the reasons mentioned in the application, delay of 88 days in re-filing the appeal is condoned. This is an appeal brought by the claimant challenging the award dated 13.8.2012 passed by learned Motor Accidents Claims Tribunal, Faridabad (for short, "the Tribunal") vide which his claim petition has been dismissed. The claimant, Habib suffered injuries in the accident that took place on 12.3.2011 and he brought a claim petition under section 166 of the Motor Vehicles Act, 1988 seeking compensation in a sum of Rs. 15 lakhs which has been dismissed vide the impugned award.

(2.) On 12.3.2011, after getting free from his duties, Habib, the claimant was going to his house in a three wheeler bearing registration No. HR-38Q-7911 alongwith one Rati Ram. The said three wheeler was driven by Mukesh Kumar, respondent No. 1 in a rash and negligent manner. Despite the request made by the claimant and other passengers, he did not slow down the vehicle. When they were near Chimni Bai Dharamshala, due to rash and negligent driving of the three wheeler, the same turned turtle and the claimant suffered injures in the said accident on account of which, he remained hospitalized and spent a huge amount in his treatment.

(3.) The respondents resisted the claim petition and denied the averments of the claimant regarding the manner of accident. It is denied that any accident took place with the three wheeler bearing registration No. HR-38Q-7911 driven by respondent No. 1. It is further claimed that respondent No. 1 has been falsely involved in collusion with the police to get compensation.