KAPIL Vs. NAFE SINGH

JUDGEMENT

(1.) KAPIL and Satbir -appellants have filed this appeal against Nafe Singh -claimant and the Oriental Insurance Company Limited -Insurer (hereinafter referred to as 'the Insurance Company') -respondents against the award dated 27.7.2012 passed by the Motor Accident Claims Tribunal, Jind (hereinafter referred to as 'the Tribunal').

(2.) THE brief facts of the case are that Nafe Singhpetitioner/claimant (respondent No.1 herein) filed claim petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') against Kapil son of Satbir -Driver of Hero Honda Splendor motorcycle bearing registration No.HR -31C -1240, Satbir son of Lehna -owner of Hero Honda motorcycle and the Oriental Insurance Company Ltd. -insurer of the motorcycle. The case of the petitioner -claimant in the claim petition is that on 2.5.2005, he was going from the office to his house at Village Julana.

(3.) WHEN he had reached near rivulet (Rajbaha) of Village Julani, a Hero Honda Splendor motorcycle being driven by respondent No.1 came from Jind side and hit him. He sustained injuries. Accident was witnessed by Jagdish son of Dalip and Birbhan residents of Julani. Respondent No.1 -Kapil left him at his house. Kapil and Satbir had assured him to provide better treatment.