VIJAY KUMAR Vs. BALJINDER SINGH

JUDGEMENT

(1.) Vide this common order, FAO No. 3708 of 2005 titled Vijay Kumar v. Baljinder Singh and others and FAO No. 3535 of 2005 titled New India Assurance Co. Ltd. v. Vijay Kumar and others are being disposed of. Since both the appeals have arisen out of one accident, therefore, the facts are being noticed cumulatively.

(2.) The vehicular accident took place on 20.06.2002 at about 3:30 PM when Vijay Kumar was a pillion rider on the ill fated motorcycle driven by Surjit Singh (respondent No. 4) met with an accident with the offending tractor driven by Baljinder Singh (respondent No. 1) in a rash and negligent manner. A criminal case was registered in the Police Station, Sirsa against respondent No. 1 Baljinder Singh. Vijay Kumar on account of injuries suffered by him filed a petition under Section 166 of the Motor Vehicles Act claiming compensation.

(3.) Motor Accident Claims Tribunal, Sirsa (for short 'the Tribunal') vide award dated 26.04.2005 awarded a sum of Rs. 4,00,000/- to the injured Vijay Kumar along with interest from the date of filing of the claim petition till final realization of the amount.