RATTAN SINGH Vs. RAJENDER SINGH

JUDGEMENT

(1.) THE appellant Rattan Singh aggrieved against the inadequate compensation granted by the learned Motor Accident Claims Tribunal, Rohtak ("Tribunal" for short) has filed the present appeal for enhanced compensation.

(2.) THE appellant is a mechanic and on 13.2.1994 at about 12.30 p.m. he was applying grease to truck No.HR -12 A 0157 on the Hissar -Rohtak Road near Bangar Cinema, Rohtak. After finishing his work, he was getting out from beneath the truck that the offending truck No. HYO 3317 came from Rohtak side. The offending truck according to the claimant -appellant was being driven in a rash and negligent manner. It hit the ill -fated truck which was in a stationary position and parked on the unmetalled portion of the road. The appellant suffered grievous injury on account of the accident and became permanently disabled. FIR with regard to the incident was lodged at Police Station City Rohtak.

(3.) THE driver of the offending truck namely Rajender Singh (respondent No.1) was 'challaned' and sent up for trial. The petition of the appellant was contested by Rajinder Singh, driver of the truck and Hukam Chand, owner of the truck (respondents No.1 and 2). In the joint written statement filed by them, the fact that the accident had occurred is admitted. It is, however, denied that the offending truck was being driven in a rash and negligent manner and the manner in which the accident took place. It was pleaded that the offending truck was following the illfated truck No. HR 12A 0157. However, the latter when it reached near Bangar Cinema, Rohtak, its driver suddenly applied brakes without any warning. The driver of the offending truck tried his best to save the accident but could not stop his truck and it hit the ill -fated truck. Rajender Singh (respondent No.1), it was alleged, was falsely challaned.