SAT PAL BATRA Vs. ASHWANI MEHTA

JUDGEMENT

(1.) THE appellant Dr. Satpal Batra suffered injuries in a motor vehicle accident which had occurred on the intervening night of 14/15.11.1996. He accordingly filed a claim petition on 7.6.1997 seeking compensation for the injury that he suffered. His petition was dismissed by the learned Motor Accident Claims Tribunal, Kurukshetra ("Tribunal" for short) vide judgment and award dated 15.6.1998. Aggrieved against the same, he has filed the present appeal.

(2.) THE case of the claimant/appellant is that during the intervening night of 14/15.11.1996 at about 1.30 a.m., he along with his wife and a friend namely Raj Pal Singh left Sector 24, Chandigarh for Kurukshetra in a Maruti car with registration No. HR 01D/3041. The car was being driven by the claimant/appellant at a normal speed and in a proper manner. When the car and its occupants reached near Civil Hospital Lalru, a maruti car with registration No.DDC 8186 driven by Ashwani Mehta (respondent No.1) came at a high speed from the opposite side. According to the appellant, it was not observing traffic rules and the driver of the said offending car brought it on the wrong side of the road and hit his car as a result of which the appellant sustained injuries and his car was badly damaged. Ashwani Mehta (respondent No.1) after the accident fled away from the spot along with his car. Raj Pal Singh who was travelling with the appellant reported the matter at Police Station Lalru. Raj Pal Singh and the wife of the appellant namely Kamlesh took the appellant to M.K. Hospital, Ambala City for treatment. It is alleged that Ashwani Mehta (respondent No.1) in collusion with the police and the police with a mala fide intention did not take any action. It is alleged that the signatures of Kamlesh, wife of the appellant on 28.11.1996 were obtained by the police of Police Station Lalru at the PGI, Chandigarh on many blank papers. Despite that no action was taken. In April 1997, the appellant asked the police of Police Station Lalru to supply a copy of the FIR. The police, however, supplied him a copy of DDR No.24 which was never lodged by Kamlesh, wife of the appellant. Then again on 10.5.1997, the appellant submitted an application to DGP (Punjab), Chandigarh; SP Patiala and SHO, Police Station Lalru for registration of FIR but they did not take any action. According to the appellant, the accident occurred solely due to the rash and negligent driving of Ashwani Mehta (respondent No.1).

(3.) ON notice, Ashwani Mehta (respondent No.1) filed his written statement denying the averments made in the claim petition as wrong. According to respondent No.1, the accident occurred on account of the driving of the claimant himself in a most negligent manner. It was not disputed that Oriental Insurance Company (respondent No.2) was the insurer of his Maruit car No. DDC 8186. It was denied by Ashwani Mehta (respondent No.1) that the police connived with him. It was stated that the accident in question occurred on account of negligence of the claimant himself. The Oriental Insurance Company Limited (respondent No.2) raised a number of preliminary objections including that the claimant -appellant had no locus standi to file and maintain the present petition. It was also stated that in fact no such alleged accident occurred with car No.DDC 8186. According to the Insurance Company, the claim application had been filed in collusion with Ashwani Mehta (respondent No.1) in order to claim compensation. It was also submitted that the vehicle insured with Oriental Insurance Company was being driven in contravention of the terms and conditions of its policy. It was also stated that the driver of car No.DDC 8186 was not having a valid and effective driving licence. On the pleadings of the parties, the following issues were framed on 6.1.1998 : -