PAWAN KUMAR Vs. RAJINDER PAL SINGH AND ORS.

JUDGEMENT

(1.) CHALLENGE in this appeal is to the Award dated 28.02.1998 passed by Shri Rajinder Parshad, Motor Accident Claims Tribunal, Kaithal vide which claim petition preferred by the Pawan Kumar claiming a sum of Rs. 4,00,000/ - in respect of injuries sustained by him in motor vehicular accident, was dismissed.

(2.) BRIEFLY stated that Pawan Kumar claimant filed a petition under Section 166 and 140 of Motor Vehicles Act (in short - the Act) claiming a sum of Rs. 4,00,000/ - as compensation in respect of motor vehicular accident caused due to rash and negligent driving of Jagtar Singh respondent No. 2 and insured with respondent No. 3. It is alleged that on 7.3.1993 at about 7.30a.m., Pawan Kumar claimant was accompanying the truck bearing registrations No. HYA -7055 for delivery of 1280 empty tins to M/s. Shakti Container and Supplier Assandh Road, Jind from Ambala as an employee of M/s. Prem Chand Ramesh Kumar at old Anaj Mandi Ambala City. It is alleged that on the way at Jind Road 5km ahead of Kaithal towards Jind, the truck in which the claimant was travelling met with an accident on account of rash and negligent driving of the said truck by respondent No. 2. The claimant sustained injuries. He was medico - legally examined and then he was shifted to Ambala K.D. Hospital where he remained admitted for 20 -30 days. He was operated upon two times and is still under the treatment.

(3.) RESPONDENT No. 2 did not file any written statement and adopted the written statement filed by respondent No. 1.