GURDEEP SINGH Vs. BHIM SINGH

JUDGEMENT

(1.) GURDEEP Singh, preferred this appeal against the award/order dated 31.3.2001, whereby claim petition filed by him under Section 166 of the Motor Vehicle Act, 1988, was dismissed.

(2.) THE case of the appellant, in brief, is that on 28.9.1994, he was returning from Delhi in bus No. DL -1P -1521. Bus was being driven rashly and negligently. Driver was requested to drive the bus with care and caution but continued to drive bus at a very high speed. When the bus was at a distance of eight kilometer from Hansi, then in the meantime, Haryana Roadways Bus No. HR -38 -1266 came from the side of Delhi which was being driven rashly and negligently by respondent No. 1 then both the buses had struck against each other. Accident was due to the rash and negligent driving of both the vehicles. D.D.R. No. 9 dated 29.9.1994 was got recorded in Police Station Sadar, Hasni. In the accident, appellant received multiple grievous injuries and got admitted in Komet Hospital and Medical Research Centre, Pusa Road, New Delhi. Appellant was operated upon twice firstly on 29.9.1994 and then on 10.10.1994. Rs. 1,50,000/ - was spent on the treatment. Appellant was earning Rs. 5500/ - per month.

(3.) RESPONDENTS No. 2 and 3 filed separate written statement by denying all the allegations of the claimant. Respondent No. 7 filed separate written statement and contested the claim petition by pleading that bus No. DL -1P -1529 was not insured with the answering respondent. Then on, claim petition was got amended by changing the bus No. DL -1P -1529 to DL -1P -1521.