JASWINDER Vs. SANJAY KUMAR

JUDGEMENT

(1.) Briefly stated, the facts of the case are that petitioner/claimant - Jaswinder son of Sh.Fakiriya, aged about 37 years, resident of Shanti Nagar, Police Station Jhansa, District Kurukshetra had brought a claim petition under Sec. 166, 140, 141 of the Motor Vehicles Act, 1988 against respondents i.e. Sanjay Kumar - driver, Ashu Kumar - owner and United India Insurance Company Limited - insurer of motorcycle bearing registration No.HR-07R-3579 (hereinafter referred to as the offending vehicle), claiming compensation to the tune of Rs.5.00 lacs.

(2.) As per the version of the petitioner/claimant on 17/12/2011 he was returning from village Tangore to his house at Shanti Nagar, Police Station Jhansa, District Kurukhsetra after selling vegetables on his rickshaw/cart; that at about 6:15 p.m. when he had just crossed Sugarcane Weigh Bridge and was going on his left side of the road, then all of a sudden respondent No.1 Sanjay Kumar driving his motorcycle at a very high speed and in a rash and negligent manner going on the wrong side of the road hit the rickshaw/cart of the petitioner/claimant, as a result the petitioner/claimant received serious injuries on his leg and his right leg was fractured; that Jagwinder Singh, a brother of the petitioner/claimant had arrived at the spot and noted down the number of the offending vehicle; that after the accident Sanjay Kumar - driver along with his motorcycle had left the spot; that the petitioner was taken to CHC Shahabad from where he was referred to LNJP Hospital, Kurukshetra; that formal FIR with regard to the accident in question was lodged.

(3.) According to the claimant, he had spent Rs.80,000.00 on his treatment, medicines, transportation, special diet etc.