LAWS(P&H)-1996-7-12

VIRINDER SINGH Vs. NARINDER KUMAR

Decided On July 29, 1996
VIRINDER SINGH Appellant
V/S
NARINDER KUMAR Respondents

JUDGEMENT

(1.) THE Motor Accident Claims Tribunal, Chandigarh vide its award dated 26. 4. 1991 had dismissed the claim petition filed under Section 110-A of the Motor Vehicles Act, 1939 in which the claimant had claimed a sum of Rs. 3,00,000/- as compensation on account of injuries sustained by him in a road accident on 23. 8. 1988. Aggrieved by the award, the claimant has filed the present appeal for setting aside the award.

(2.) THE case of the appellant is that he had received injuries in the accident which was caused by one Narinder Kumar, driver of three-wheeler bearing No. CHA-110 on 23. 8. 1988 and as such he was entitled to compensation.

(3.) LEARNED counsel for the appellant contends that the appellant could not give the number of the offending vehicle as he became unconscious after sustaining injuries and he re-gained consciousness in the P. G. I. on the next day. He further contends that the identity of the offending vehicle was well established as the number of the vehicle involved in the accident was given by one Ramesh Kumar. As such, compensation should have been awarded to the claimant.