MANJIT SINGH Vs. HARPREET AND OTHERS

JUDGEMENT

(1.) This is an appeal filed by the injured claimant challenging the award of Motor Accident Claims Tribunal whereby he was awarded an amount of Rs. 3,50,941/- as compensation for the injury suffered by him in the accident.

(2.) Brief facts as claimed by the appellant in the claim petition are that on 07.10.2012, the appellants along with his friend Naveen Kumar was going from Narwana to his village Kabarchha on a motorcycle. At about 11.30 AM, when they reached the village Doomer Khan on Narwana Jind road, the offending vehicle; Tata 1109; bearing registration No. HR-57-3886 came from the opposite side being driven rashly and negligently by respondent No. 1. On seeing, the vehicle, claimant-Manjit Singh lowered down the speed of motorcycle and came on the extreme left hand side on the road but still offending vehicle struck against the motorcycle after coming on wrong side of the road. As a result, the occupants of motorcycle fell down and received multiple grievous injuries. They were shifted to General Hospital, Narawana where Naveen Kumar succumbed to the injuries on the way to hospital. Police reached at the spot and also recorded an FIR No. 225 dated 07.10.2012 in the matter. The appellant herein claimed long hospitalization and multiple operations on account of injuries in his leg and on the face and other parts of body. It was claimed by him that he was referred to PGI, Rohtak from Civil Hospital, Narwana in view of his serious condition. Later on, he was admitted in Sarvodaya Hospital, Hisar where he was operated upon.

(3.) Respondents No. 1 and 2 filed joint written statement. It was pleaded in the written statement that the accident, if any, took place due to sole fault of the claimant and the FIR has been lodged in collusion just to grab money from the respondents. Respondent No. 3 filed separate written statement taking a plea that the driver of the offending vehicle was not having a valid driving license. On merits, it was denied that any accident took place with the vehicle in question.