WAJID ALI Vs. ARJUN SINGH

JUDGEMENT

(1.) By way of instant appeal, the appellant has assailed award dtd. 11/6/2012, passed by learned Motor Accident Claims Tribunal-I, Sirmaur District at Nahan, H.P. (for short the Tribunal) in MAC Petition No. 57-MAC/2 of 2009, whereby his claim petition preferred under Sec. 166 of the Motor Vehicles Act was dismissed.

(2.) Appellant was minor at the time of institution of the appeal, therefore, the same had been instituted through his mother (natural guardian/next friend). During the pendency of appeal, appellant attained majority. He prayed for discharge of his guardian and opted to continue the appeal on his own, which was allowed.

(3.) Brief facts are that a claim petition under Sec. 166 of the Motor Vehicles Act was instituted on 27/7/2009 before the learned tribunal, alleging inter-alia that the appellant was victim of road accident involving a motorcycle ridden by respondent No.1 in a rash and negligent manner. It was alleged that the appellant was about 14 years of age. On 19/2/2009, he was returning home with his goat at village Melion, Tehsil Paonta Sahib, District Sirmaur, H.P. At about 6.15 P.M., respondent No.1 hit the appellant and the goat with his motorcycle being driven in a rash and negligent manner. The appellant was stated to have received serious injuries. He was initially taken to Civil Hospital, Paonta Sahib from where he was advised to be referred either to Regional Hospital Nahan or to PGI, Chandigarh but the appellant was taken to Shri Mahant Indiresh Hospital, Dehradun and was got treated from such institution. A claim to the tune of Rs.7,00,000.00 was accordingly preferred.