KAUSHAL Vs. RAJ KAMAL

JUDGEMENT

(1.) The present Appeal has been preferred against the Award, dtd. 22/4/2006 passed by the Motor Accident Claims Tribunal, Faridabad, whereby the claim of Appellant has been rejected.

(2.) The brief facts of the case as mentioned in the Claim Petition are that on 20/3/2004 at about 1.15 a.m., Angesh Kumar was returning from his Company and going to his residence in village Ajronda on Cycle. When he reached Neelam Fly-over, TATA Sumo HR-38-HT-9590 came from behind i.e., from the side of Neelam Chowk and hit Angesh Kumar from behind. Resultantly he suffered serious injuries. He was taken to B.K. Hospital, Faridabad from where he was referred to Safdarjung Hospital, Delhi, but due to serious condition, he was got admitted in Fortis Escorts Hospital, Faridabad. However, he succumbed to his injuries there in the evening. It was averred that the accident occurred due to rash and negligent driving of the aforesaid TATA Sumo by Raj Kamal (Respondent No.1), who was driving it at the time of accident. Angesh Kumar was plying his Cycle on correct left side and it was hit from behind and, so, Principle of Res ipsa loquitur is attracted. F.I.R. No.99, dtd. 20/3/2004 was registered with Police Station Central Faridabad regarding the accident. Respondent Nos.2 & 3 are Owner and Insurer respectively of the offending TATA Sumo Vehicle. On these averments, the Claimants prayed for Compensation to the tune of Rs.10.00 lacs.

(3.) Upon notice, the Respondents appeared and denied the allegations of the Claimants.