VIJAY Vs. UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) The present appeal has been filed by the appellant/driver of the offending vehicle against the award dtd. 31/5/2010 passed in a claim petition filed under Sec. 166 of the Motor Vehicles Act, 1988 by the Motor Accident Claims Tribunal, Bhiwani (for short, 'the Tribunal'), wherein the appellant/driver of the offending vehicle was fastened with the liability to pay the compensation of Rs.35,000.00 to the claimant/respondent No.2 along with interest @ 6% per annum from the date of filing of claim petition till recovery.

(2.) Brief facts of the case are that that on 2/2/2008 at about 5:00 p.m the petitioner along-with his cousin brother namely, Vidya Nand was traveling on a motorcycle CD Dlx. A/F which was being driven by petitioner himself and they were going to village Asalwas in from village relation Dhanasari. When they reached near office of 1 in a Electricity Department at village Jui, in the mean time, a Jeep bearing registration No. HR 39/5406 came from Jui side which was being driven by its driver i.e. respondent no. rash and negligent manner and at a high speed. On seeing the Jeep in rash and negligent manner, the petitioner came down the motorcycle on the left side of kacha passage, but the Jeep driver directly struck his Jeep into their standing motorcycle. Due to this heavy impact, the petitioner and Vidya Nand fell down on the road and sustained grievous and multiple injuries on various parts of. After causing accident, Jeep driver i.e. respondent No. 1 ran away from the spot along-with his Jeep. On having come to know about this accident, son-in-law of petitioner, namely, Parvesh reached the spot and brought the petitioner in General Hospital, Bhiwani, for treatment. The matter was reported to the police and consequently FIR No. 51 dtd. 3/2/2008 under Sec. 279 and 337 of IPC was registered at police station, Sadar, Bhiwani, on the statement of injured/ petitioner.

(3.) Upon notice of the claim petition, respondents therein appeared and contested the claim petition by filing separate written statement denying the factum of accident/compensation.