KARAM SINGH Vs. SHAM AND OTHERS

JUDGEMENT

(1.) The present appeal has been preferred against the award dated 06.10.2009 passed by the learned Motor Accidents Claims Tribunal, Karnal (hereinafter called the "Tribunal"), whereby the claim petition filed by the appellant under Section 166 of the Motor Vehicles Act, 1988 (hereinafter called the "Act") for grant of compensation on account of the injuries suffered by him in the motor vehicular accident which took place on 21.10.2007 has been dismissed.

(2.) As per the case of the appellant-claimant, on 20.10.2007 he had gone to attend the Jagran at village Mirzapur, Distt. Kurukshetra along with Krishan and Rattan Singh. After finishing their job of Confectioner (Halwai) in the Jagran, the injured-claimant along with one Ratna, Karma and respondent No.1 Sham, was returning to their village from village Mirzapur on motorcycle bearing registration No.HR-07J-7949. The appellant-claimant was pillion rider on the said motorcycle and the same was driven by respondent No.1 Sham in a rash, careless and negligent manner. The claimant requested respondent No.1 to drive the motorcycle at a moderate speed and on the left side of the road, but he did not pay any heed to his request. At about 08:30 a.m., when they reached just ahead of village Mirzapur near Rajbaha on Dhand-Kurukshetra road, in the meanwhile, a buffalo came in front of the motorcycle and due to the rash and negligent driving, respondent No.1 could not control the motorcycle, which struck against the buffalo. Due to the impact, the occupants of the motorcycle fell down on the road and suffered injuries. The appellant suffered serious, grievous and multiple injuries. Hence, this claim petition.

(3.) Respondent No.1 Sham, the motorcyclist, and respondent No.2 Ram Kumar, the owner of the motorcycle, contested the claim petition by filing the joint written statement on the grounds inter alia that neither any such accident has ever taken place with the offending vehicle nor the injured-claimant sustained any injuries. The FIR was registered in collusion with the claimant. The injured-claimant was not involved in any accident with the motorcycle in question. The motorcycle was falsely implicated. Moreover, the claimant has himself compromised the matter with the answering respondents and had given them in writing that he will not file the claim petition, as he has taken Rs.25,000/- from them. With these pleas, they pleaded for dismissal of the claim petition.