PARTAP SINGH Vs. GURPAL SINGH

JUDGEMENT

(1.) The present appeal has been preferred for setting aside the award dtd. 26/10/2006 passed in the claim petition filed under Sec. 166 of the Motor Vehicles Act, 1988, by the learned Motor Accident Claims Tribunal, Gurdaspur (for short, 'the Tribunal'), whereby, claim petition filed by the appellant/claimant, was dismissed.

(2.) The brief facts of the case are that on 13/5/2 at about 10.15 am claimant Partap Singh was going on scooter No. RJR-6827 and when reached near Colony situated near village Dello Bal Khurd, one Tata Sumo bearing registration No. HR-01F-0270 red coloured came in rash and negligent manner and driver of said Tata Sumo struck the Tata Sumo by coming on wrong side and without blowing horn against the scooter of claimant. As a result of it, both legs of claimant were fractured and he suffered multiple injuries. After the accident, driver Makhan Singh of Bus No. PB 08-M-9876 and one passerby Sh Ajit Singh arranged a vehicle and took away the claimant to Civil Hospital, Garhshankar and doctor referred the claimant to Guru Nanak Mission Hospital, Dhahan Kaleran where he remained under treatment, FIR No. 71 dated 16/5/2 was registered under Sec. 279/337/338/427 IPC by the police of PS Garh Shanker, but the police did not proceed with the said case and as such, a criminal complaint was filed by the complainant against respondent No.1 Gurpal Singh. The claimant has further been stated that the claimant is unable to move due to fractures on his both legs and spent more than Rs.2,00,000.00 on his treatment i.e operation and medicines and other expenses and Rs.2,00,000.00 more are required for the operation of his legs. All the respondents are jointly and severally liable to pay the amount of compensation alongwith interest and costs etc.

(3.) Upon notice of the claim petition, the respondents appeared and filed their separate replies denying the factum of accident/compensation.