LAWS(P&H)-2014-3-217

SATISH KUMAR Vs. RAM NIWAS

Decided On March 19, 2014
SATISH KUMAR Appellant
V/S
RAM NIWAS Respondents

JUDGEMENT

(1.) The present appeal has been filed by the claimant-appellant, challenging the impugned award dated 18.9.1999, passed by the learned Motor Accident Claims Tribunal, Narnaul (in short - 'the Tribunal'), whereby the claim petition filed by him has been dismissed. Learned counsel for the appellant contends that the learned Tribunal without appreciating the evidence on record, has wrongly dismissed the claim petition. The appellant suffered multiple injuries on account of the accident occurred on 18.2.1995, which is proved from the medical evidence. With regard to the accident a DDR No. 13 dated 18.2.1995 was recorded by the police. The appellant examined Narottam as PW 1, and Rajender Singh as PW 4, eye witness, and they stated that the accident occurred due to rash and negligent driving of respondent No. 1. The appellant suffered fracture of tibia and febula in left leg besides multiple abrasions on his left thing, right mandibular region and left hand. He remained hospitalised for nine days. He suffered disability to the extent of 15%.

(2.) Learned counsel appearing for respondent No. 2 submits that the learned Tribunal has rightly declined the claim of the appellant. He prays for the dismissal of the appeal.

(3.) I have heard the learned counsel for the parties and perused the case file.