JAGJIWAN SINGH Vs. RAJINDER SINGH

JUDGEMENT

(1.) AGGRIEVED against the award dated February 06, 2010 passed in MACT No. 16 dated April 10, 2009, whereby, claim petition preferred under Section 166 of Motor Vehicles Act (for short "Act") has been dismissed, Jagjiwan Singh has preferred the instant appeal seeking setting aside of award and grant of compensation on account of injuries sustained by him in a vehicular accident allegedly occurred in the area of Bus Stand Jagraon involving car bearing registration No. CH -03 -K 3757 driven by respondent No.2 -Navdeep Singh.

(2.) IN response to notice of appeal Mr. Vikas Mohan Gupta, Advocate appeared and resisted the appeal on behalf of respondent No.3 -Insurance Company, whereas respondents No.1 and 2 i.e. owner and driver of offending vehicle did not contest the appeal and as such, they were proceeded against ex -parte. Tribunal's record was also requisitioned and received.

(3.) WHILE assailing the impugned award, it has been argued vehemently by learned counsel for the appellant that claim petition has been dismissed by learned Tribunal solely on the ground that claimant/appellant has already been compensated by respondents No.1 and 2 i.e. owner and driver and in such a situation, he could not claim compensation for having sustained injuries in the same accident. In fact, the findings recorded by learned Tribunal in this regard are absolutely erroneous and against settled cannons of law. The learned Tribunal fell into grave error while relying upon affidavit allegedly executed by appellant.