RAJ KUMAR Vs. MR. BAL MUKAND AND ANR.

JUDGEMENT

(1.) APPELLANT -claimant, a pillion rider, has filed the present appeal challenging the award dated 10.1.2009 passed by the learned Motor Accident Claims Tribunal, Faridabad (for short the Tribunal) dismissing his claim petition under Sections 166 and 140 of the Motor Vehicles Act, 1988 (for short the Act) seeking compensation to the tune of Rs. 8 lacs for the injuries suffered by him in a motor vehicle accident that took place on 4.1.2006, involving scooter No. HR -29 -J4249 (for short the ill fated scooter), being driven by Satpal and on whose back seat the appellant was riding as a pillion rider and another motorcycle bearing registration No. HF -29 -N 7357 (for short the offending vehicle) being driven by respondent No. 1 Bal Mukand.

(2.) IT was alleged in the claim petition that on 4.1.2006 the claimant was going on ill fated scooter as a pillion rider, which was being driven by one Satpal when the offending vehicle being driven at a high speed by respondent No. 1 -Bal Mukand came and struck against the scooter, as a result of which the appellant -claimant fell down and sustained multiple injuries including fracture in the right leg. He was allegedly taken to Parkash Hospital where he remained admitted as indoor patient upto 9.1.2006 and thereafter shifted to GM Modi Hospital, where he further remained admitted from 14.1.2006 to 23.1.2006. It was alleged that thereafter also the claimant remained admitted in different hospitals and was operated upon, and that he incurred a sum of Rs. 3.5 lacs on his treatment. Claimant also alleged to have filed a complaint against respondent No. 1. With these allegations, a compensation of Rs. 8 lacs was sought.

(3.) THE learned Tribunal, after hearing learned Counsel for the parties, on the basis of material available on record dismissed the claim petition vide impugned award. Hence the present appeal.