JASBIR Vs. SURESH KUMAR

JUDGEMENT

(1.) Being aggrieved of the award dated 15.10.2008 passed by the Motor Accident Claims Tribunal, Jhajjar (for brevity 'the Tribunal') in MACT Case No. 91 of 2006, the claimant/injured and driver and owner of tractor bearing registration No. HR-14-C-1263 (hereinafter referred to as 'offending vehicle') have filed two separate appeals bearing FAO Nos. 75 of 2009 and 540 of 2010. As both the appeals arise out of same accident and one award, these are being disposed of vide common order.

(2.) The facts emanating from the record are that on 05.06.2006, Jasbir along-with Jagdev Singh was going on motorcycle, registration number of which was applied for. Jagdev Singh was driving the motorcycle. When they reached near village Kasni, the offending vehicle struck the motorcycle. As a result of the impact both the riders of the motorcycle fell down and sustained injuries. Jasbir was taken to Civil Hospital, Jhajjar from where he was referred to PGIMS, Rohtak, thereafter, he was taken to Safdarjung Hospital, Delhi.

(3.) In the claim proceedings, the Tribunal opined that the accident was result of rash and negligent driving of the offending vehicle. The insurer was exonerated on the ground that the claimant was a pillion rider on the motorcycle, thus a gratuitous passenger.