BABLOO Vs. RAM SINGH AND ANOTHER

JUDGEMENT

(1.) Minor petitioner/claimant Babloo son of Sita Ram, resident of village Khatodra, Tehsil and District Mohindergarh through his guardian and uncle Rameshwar Dayal had brought a claim petition under Section 166 of the Motor Vehicles Act against the respondents i.e. Ram Singh - driver and Jai Dayal - owner of the offending vehicle i.e. JUGAR, claiming compensation to the tune of Rs.7,50,000/-.

(2.) Briefly stated, facts of the case are that on 15.6.1993 at about 10:00 a.m., petitioner/claimant was proceeding towards bus stand of village Khatodara and when he reached near the house of Chhote Lal, then offending vehicle (JUGAR) being driven by respondent No.1 - Ram Singh in a rash and negligent manner at a high speed came from village Balana side and struck against the petitioner, who at that time was standing by the side of the wall, resultantly petitioner/claimant received multiple injuries on his right leg, right elbow, right arm, back and other parts of his body; after the accident, the petitioner/claimant was removed to Civil Hospital, Mohindergarh from where he was referred to Medical College & Hospital, Rohtak, where he was medico legally examined. The petitioner/claimant was aged about 17 years at the time of accident and was a student of 10th class and he used to assist his father in agriculture and dairy work. According to the petitioner/claimant, he had spent a sum of Rs.50,000/- on his treatment etc.

(3.) On notice both the respondents had appeared and filed a joint written statement contesting the claim petition asserting that no accident had taken place with the vehicle in question and on 15.6.1993 the said vehicle was standing in their house; that the petitioner/claimant had suffered injuries in an accident involving some unknown vehicle; that father of the petitioner had come to the respondents and told them to take petitioner to Civil Hospital, Mohindergarh for treatment and they accordingly did so; that the petitioner had got registered a false case against them due to party factionalism etc. The respondents prayed for dismissal of the claim petition.