RAJBIR ALIAS RAJ SINGH Vs. KHEM CHAND

JUDGEMENT

(1.) This is an appeal by the owner of the vehicle against the award of the Motor Accident Claims Tribunal, Gurgaon (for short 'the Tribunal') in MACT Case No. 84 of 20.10.1986 decided on 4.8.1988.

(2.) Brief facts of the case are that on 18.6.1986 at about 7.15 A.M. Khem Chand claimant was going on foot towards Railway Station, Farrukh Nagar on left side of the road. A truck bearing registration No. HRR 6862 driven by one Rajbir came from behind and struck against him. Due to the impact, the claimant fell down and his left leg was run-over by the truck, which was being driven at a very high speed and in rash and negligent manner. The driver of the truck sped away from the spot. The claimant was hospitalised and was subsequently referred to Lok Nayak Jai Parkash Naryan Hospital, Delhi.

(3.) The appellants controverted the allegations made in the petition and even denied the accident. On the pleadings of the parties following issues were framed: