GURDEV SINGH Vs. JARNAIL SINGH AND OTHERS

JUDGEMENT

(1.) Gurdev Singh, claimant/appellant, whose claim petition under Section 166 of the Motor Vehicle Act was allowed by the Motor Accident Claims Tribunal, Kurukshetra (in short 'the Tribunal'), vide Award dated 1.6.1998 and was granted Rs. 20,000/- compensation along with 12% per annum interest on account of injuries received by him in the motor vehicle accident, being not satisfied with the quantum of compensation, has come up in this appeal.

(2.) The facts, necessary for the purpose of disposal of the appeal are that on 21.11.1996, Gurdev Singh (claimant), while driving a milk tanker bearing registration No. HR-37-4082, was going to village Garhi Birbal for collecting milk. At about 2:10 PM, when he approached Ramgarh Chhano Turn, the offending bus bearing registration No. HR-45- 611 came in a rash and negligent manner from the opposite side and struck against his tanker. Claimant/appellant received injuries in the said accident.

(3.) The stand of the respondents No. 1 and 2 before the Tribunal was that the accident in question took place due to rash and negligent driving of the driver of the tanker i.e. claimant. It was stated that claimant, while driving the said tanker, came suddenly appeared near the Ramgarh Chhano Turn, which resulted in the accident.