ANGREZ Vs. MITHU AND ANOTHER

JUDGEMENT

(1.) The present appeal has been directed against the award dated 22.11.2012 passed by the Motor Accident Claims Tribunal, Ferozepur (in short "the Tribunal") allowing compensation in regard to injuries sustained by Mithu (Respondent No. 1).

(2.) Mithu, aged about 18 years filed an application under Section 166 read with Section 140 of the Motor Vehicles Act, 1988 (in short "the Act') for grant of compensation in regard to injuries sustained by him on 24.8.2011 in a motor vehicular accident due to rash and negligent driving of tractor trolley bearing No. PB-1-3474 driven by Angrez (appellant) at the time of accident. It is averred that the claimant was on his motor cycle bearing No. PB-05K-4507 and going to Basti Tibbewali from Railway Basti. When he reached 50 meters behind Basti Tibbewali, tractor trolley aforesaid came from opposite side at a high speed driven by Angrez in a rash and negligent manner and hit against his motor cycle. FIR No.157 dated 5.9.2011 was registered against the respondent(appellant)under Sections 279, 337 and 427 of the Indian Penal Code on the statement of injured-victim. The claimant prayed for grant of compensation of Rs. 20 lakhs on the plea that he remained admitted in the hospital from 24.8.2011 to 14.9.2011 and a sum of Rs. 3 lakhs was spent on his treatment.

(3.) The respondent-appellant filed the reply raising preliminary objections that the application is false, frivolous and vexatious; the claimant has not come to the court with clean hands; he is not driver of the offending vehicle nor owner thereof; a false case has been registered against him with mala fide intention to extort money. It is averred that he was innocent and on due enquiry conducted by the police, he is not held liable as he did not cause any accident.