ASHOK KUMAR Vs. KAMALJIT SINGH AND OTHERS

JUDGEMENT

(1.) Repeated efforts to summon the Lower Court record has not yielded any positive result because record is not traceable being an old one. Taking into consideration the factual position on record, I deem it appropriate to consider the controversy as per pleadings and impugned award passed by the Motor Accident Claims Tribunal, Chandigarh (for short 'the Tribunal').

(2.) The accident took place on 107.1989 when the injured appellant was going on a scooter from Sector 20, Chandigarh towards Sector 22 Chandigarh. When he reached near Nehru Yuvak Kendra in Sector 21, Chandigarh the offending vehicle came from the opposite direction and struck against the scooter of the claimant/appellant. Appellant fell down and his right ankle was fractured. He also received injuries on his left leg and was removed to General Hospital, Sector-16, Chandigarh.

(3.) The claim petition was filed by the claimant/appellant, claiming a sum of Rs. 3 lacs as compensation on account of injuries suffered by him in the vehicular accident. Vide order dated 21.01.1995, the claim petition was dismissed by the Tribunal in toto.