RAJA RAM ALIAS RAJESH Vs. GAGAN JAIN

JUDGEMENT

(1.) This order shall dispose off the above captioned two appeals preferred by the appellant against the award dtd. 7/9/2017 whereby the claim petitions filed by the appellant have been dismissed.

(2.) The brief facts relevant to the present lis are that two claim petitions were filed under Sec. 166 of the Motor Vehicles Act, 1988 - one for compensation to the injured and the second for compensation for the damage caused to the motorcycle as a result of the accident. In the claim petitions it was averred that on 23/5/2014 an accident took place between a Safari car bearing registration No.HR-20Z-6472 (hereinafter referred to as the 'offending vehicle') with the Hero Honda motorcycle of the appellant bearing registration No.HR-20X-1293 and a DDR No.43 dtd. 27/5/2014 was registered at Police Station Sadar Hisar on the statement of Raghubir son of Ram Singh. Upon notice, the factum of the accident as averred in the claim petitions was denied. It was further stated that a false case has been registered against respondent No.1. Respondent No.2-Insurance Company also contested the claim petitions by filing a separate written statement.

(3.) On the basis of pleadings of the parties, the following issues were framed :