SIMRU RAM Vs. JASBIR SINGH AND OTHERS

JUDGEMENT

(1.) Simru Ram, Sub Inspector of Police by profession, has filed this appeal against award dated 2.12.1994 passed by Motor Accident Claims Tribunal, Kurukshetra (for short, 'the Tribunal'), vide which, his claim petition was dismissed.

(2.) Facts of the case are that according to the claimant, on 19.2.1993, after getting free from VIP Duty, he was going on scooter bearing Registration Number HR-07-0420 from Kurukshetra to Shahabad. His brother Suresh Kumar was riding the pillion. At about 3.10 p.m., when they reached near turning point of road towards Jhansa near Shahabad on GT Road, a truck bearing Registration Number HNQ 6265 being driven rashly and negligently by respondent no.1 Jasbir Singh driver, struck against the scooter of the claimant. As a result of which, claimant as well as his brother Suresh Kumar fell down from the scooter. Suresh Kumar did not receive any injury. However, claimant ASI Simru Ram received the injuries. He was removed in the injured condition to Civil Hospital, Shahabad by his brother Suresh Kumar and one Pawan Kumar, who runs a Tea shop near the place of accident. Number of the truck was noted by Suresh Kumar and Pawan Kumar at the spot. Truck driver sped away from the spot towards Pipli. In the first information report, truck no. was mentioned by mistake as 8292, whereas correct number is HNQ 6265. Police recorded the statement of the claimant in hospital, which forms the basis of first information report.

(3.) Before the Tribunal, respondent no.1 did not appear and was proceeded against ex-parte. Respondent nos.2 and 3 in the written statement, denied the accident. It was stated that the number of the truck is mentioned in the FIR as 8292. The claimant never met with accident with truck No.HNQ 6265 and the said truck has been wrongly involved.