SUMER SINGH Vs. SUMER SINGH

JUDGEMENT

(1.) Petitioner/claimant Sumer Singh son of Gahar Singh, aged about 48 years, resident of village Dahina, Tehsil and District Rewari had brought a claim petition under Sec. 166 of the Motor Vehicles Act against respondents i.e. Sumer Singh and driver-cum-owner of motorcycle bearing registration No.HR34B-7327 and Reliance General Insurance Company Ltd., Mumbai insurer of the said motorcycle claiming compensation to the tune of Rs.10.00 lacs with interest.

(2.) According to the version of the claimant, on 9/10/2007 at about 6:00 p.m., he along with one Narender Kumar was returning to their houses on foot having bicycles carrying fodder; that when they reached on Kanina-Rewari road at a distance of 50 Sq.yard towards village Dahina, in the meanwhile the offending motorcycle came from Kanina side being driven in a rash and negligent manner by respondent No.1 and Sumer Singh and struck against bicycle of claimant Sumer Singh from behind, resultantly claimant suffered multiple severe injuries on his left leg and head; that after receiving injuries in the accident, the claimant was taken to Arvind Yadav Hospital, where he was treated; that the accident was witnessed by Ajit Singh son of Ramphal; that formal FIR No.236 dtd. 12/10/2007 for the offences under Ss. 279/337/338 IPC was registered against respondent No.1 and Sumer Singh with Police Station Khol. According to the claimant, he has spent Rs.1.5 lacs on his treatment, transportation and special diet etc.

(3.) On getting notice of the claim petition, both the respondents appeared and filed separate written statements contesting the petition. In the written statement submitted on behalf of respondent No.1, he had taken up a plea that no such accident involving his motorcycle had taken place and a wrong FIR was registered by the police in connivance with the claimant. Such respondent took various other objections challenging maintainability of the claim petition etc. and offered denial to the material assertions made in the petition, while craving for dismissal of the claim petition.