SHAM LAL Vs. CHHOTE RAM

JUDGEMENT

(1.) This appeal, by Sham Lal and Hemant Kumar, is directed against the award dated April 4,1994 passed by learned Motor Accident Claims Tribunal,Faridabad (hereinafter referred to as "the Tribunal"),whereby the appellants were held liable jointly and severally to pay a total compensation of Rs. 45,000.00 together with interest @ 12% p.a. from the date of filing of the claim petition till actual realization on account of the injuries sustained by respondent Chhote Ram, a boy of 10 years, in a vehicular accident, which had occurred on April 7,1990 in the area of Police Station, Hodel, District Faridabad.

(2.) In nut-shell, the facts culminating to the commencement of this appeal, may be recapitulated thus:- On April 07,1990, at about noon time, respondent Chhote Ram, while crossing a road was hit by a scooter bearing registration No. DAM-1760, being driven by Hemant Kumar appellant. The said scooter was owned by Sham Lal appellant. At the time of accident, the scooter was being driven at a very high speed and in a negligent manner by Hemant Kumar appellant. In the accident, Chhote Ram respondent had sustained as many as nine injuries on his eye, ear, face and head. He had also sustained fracture of temporal bone of the skull. The injured also remained admitted in the hospital for about 15 days.

(3.) On the other hand, appellant Sham Lal admitted his ownership of the scooter in question and at the same time, both the appellants denied the allegations of the respondent and further submitted that a false case for seeking compensation under the Motor Vehicle Act, has been filed against them. Then it was also alleged that in fact, daughter of Attar Singh, brother of Sham Lal appellant is married to one Ram Sarup, who is residing in the same locality of Nepal Singh, father of the claimant/respondent. Both these families are in inimical terms on account of their active involvement in the Municipal election of Hodel Town, Faridabad and as such, on that account, a false case for causing the alleged accident was got registered at a belated stage. The learned Tribunal, Faridabad, on the pleadings of the parties, had framed the following issues:- 1. Whether the petitioner was involved in any automobile accident with scooter No. DAM- 1760 on 7.4.1990 within the territorial jurisdiction of thisTribunal ? OPP 2. If issue No.1 is proved in the affirmative whether the aforesaid accident took place due to any act of omission or 4.F.A.O.No. 1561 of 1994 -3- commission on the part of the respondent ? OPP 3. Whether the petitioner suffered any injuries in the said accident and if so to what effect ? OPP 4.Relief: