PAWAN KUMAR Vs. MURLIDHAR

JUDGEMENT

(1.) This appeal is directed against the award dated 14.1.2009 passed by the learned Motor Accident Claims Tribunal, Narnaul whereby he awarded an amount of Rs.3,23,000/- as compensation together with interest @ Rs.7.5% per annum from the date of filing the petition till realization.

(2.) The brief facts are that on 1.1.2007 Pawan Kumar claimant alongwith Deepak Kumar was going to village Bamanwas on his motorcycle bearing registration No. HR-26 AB/1491 driven by him on moderate speed observing all the traffic rules and on correct side of the road. Around 11.15 A.M. when he reached Narnaul-Nizampur road in the area of Narnaul, meanwhile, pick-up vehicle bearing registration No. RJ-02/IG/0271 being driven in a rash and negligent manner by Murlidhar respondent came and hit against his motorcycle. As a result of its impact, the motorcycle fell down and he sustained several injuries on various parts of his body. Motorcycle was badly damaged.

(3.) The respondent Murlidhar in his written statement denied the factum of the accident in question and asserted that a false case has been registered against him. Devender Kumar respondent No.2 was proceeded against exparte. The respondent insurance company in its written statement has inter alias pleaded that the driver of the offending vehicle was not holding a valid and effective driving licence on the fateful day.