TEJ SINGH Vs. KRISHAN AND OTHERS

JUDGEMENT

(1.) This appeal has been filed by Tej Singh-claimant against award dated 17.12.2002, whereby his claim petition under Section 166 of the Motor Vehicles Act claiming compensation for the injuries received by him in a motor accident with three-wheeler bearing registration No. HR-46-3654 (later referred to as 'the offending vehicle') was dismissed.

(2.) Case of the claimant, in brief, is that on 20.05.2000 at about 12.00 p.m., he was going on his motorcycle bearing registration no. HR-10-C-6227, from Murthal Chowk to his house in village Rewali, Tehsil and District Sonepat. When he reached near Shiv Mandir in the area of Shanti Nagar, the offending vehicle came from Sonepat side, which was being driven by respondent no. 1-Krishan in a rash and negligent manner at a very high speed and hit the offending vehicle against motorcycle of the claimant from front side as a result of which he fell on the ground and received serious, grievous and multiple injuries. He was taken to Civil Hospital, Sonepat. The matter was reported to the police vide FIR No. 123 dated 29.05.2000, registered at Police Station Sadar, Sonepat.

(3.) In reply to the claim petition, respondent no. 1 admitted the accident but denied that it had taken place due to his rash and negligent driving of the offending vehicle. Respondent no. 1-A also took a similar plea in his written statement. However, the Insurance Company in its separate written statement denied the accident and its liability to pay the amount of compensation.