DEV RAJ Vs. ABDUL GAFOOR AND ORS.

JUDGEMENT

(1.) The appellant-claimant has filed the present appeal impugning the award dated 25.02.2011 passed by Motor Accident Claims Tribunal, Panchkula (for short, 'the Tribunal'), whereby the claim petition filed by the appellant-claimant under Section 166 of the Motor Vehicles Act, was dismissed.

(2.) Briefly stated, as per the claim petition, on 09.08.2007, the appellant-claimant-Dev Raj (herein referred as 'claimant') and one Purshotam were going to Village Kheranwali on a scooter bearing registration No.HR-49-A-3884 which was being driven by the claimant himself. When they reached near Paploha turn, a motorcycle bearing registration No. HR-49-9986 being driven by Abdul Gafoor (respondent No. 1) in a rash and negligent manner and at a very high speed, hit against the scooter of the claimant while coming on the wrong side. Due to this impact, the claimant as well as the pillion rider-Purshotam fell down on the road and suffered severe and multiple injuries. The claimant was taken to Civil Hospital, Kalka, from where, he was referred to PGI, Chandigarh, where he remained admitted from 09.08.2007 to 11.08.2007. Thereafter, the claimant was referred to GMCH, Sector 32, Chandigarh, where he remained admitted from 13.08.2007 to 29.08.2007. His index finger was amputated in the operation and some other parts of his body were also operated upon. Hence, a claim petition for compensation was filed.

(3.) On notice, the driver and owner (respondents No. 1 and 2) filed a joint written statement taking preliminary objections regarding maintainability, the claimant has not come to the court with clean hands and has suppressed true and material facts etc. from the court. However, on merits, it was contended that the accident had taken place due to the rash and negligent driving of scooter, being driven by the claimant himself and an F.I.R had rightly been registered against him. The present claim petition has been filed just to extract money from the respondents.