UNITED INDIA INSURANCE CO LTD Vs. SATISH KUMAR

JUDGEMENT

(1.) The appellant-Insurance Company has challenged the award passed by the learned Motor Accidents Claims Tribunal (I) Kangra at Dharamshal in MACP No. 95-P/II-2010 (2006), on 5.3.2011 to exonerate itself from its liability on the following grounds:

(2.) Heard and gone through the record.

(3.) The way, the accident took place, Satish Kumar claimant in his petition in para-24 averred that on 23rd September, 2006, while returning home from Sujanpur at the place known as Mandral near Petrol Pump, the tractor bearing registration No. HP-22-9147 being driven by Rakesh Kumar, aforesaid hit him because of his rash and negligent driving. Consequently, his both legs were crushed and he also sustained injuries on his person. The driver of the tractor fled away from the spot. The injured was hospitalized and referred to PGI, Chandigarh, where he had undergone treatment and spent about ' 2.00 lacs on his treatment. The owner as well as the driver of the tractor in their reply denied the rash and negligent driving and also the accident itself. The InsuranceCompany alleged that the claimant was traveling in the vehicle as a gratuitous passenger. 4