PURAN CHAND Vs. SHYAM LAL

JUDGEMENT

(1.) When this case was taken up today, learned counsel for the parties stated that this matter needs to be disposed of at this stage only. Accordingly it was finally heard after it was admitted.

(2.) Brief facts giving rise to this case are that Shyam Lal, hereinafter referred to as the 'claimant', filed a claim petition under Section 166 of the Motor Vehicles Act; 1988 for the grant of compensation. According to him, truck bearing registration No. HP-17-9600 was owned by the appellant (hereinafter referred to as the owner). It was insured with National Insurance Company Limited, i.e. respondent No. 3, (hereinafter referred to as the 'insurer'). Leelu Ram respondent No. 2 was the driver and is being referred to as such. Rash and negligent driving on the part of the driver while driving the aforesaid truck caused accident on 5-8-1998, when claimant was on scooter bearing registration No. CH - 01 - E - 1728, Around 9 p.m. when the claimant had reached near Kolar bus stand, the scooter was hit by the truck which was being reversed in a rash and negligent mariner from the side of link road known as Kolar Paonta Sahib road. As a result of this accident, claimant sustained serious injuries and was rushed immediately to Paonta Sahib Civil Hospital. Looking to his injuries, he was referred to Post-Graduate Institute, Chandigarh. As a result of this accident, he lost vision of his left eye. This was assessed 30% permanent disability and was certified by the doctors concerned.

(3.) In the aforesaid background compensation in the sum of Rs. 3 lacs was claimed. When put to notice owner and driver filed a common written statement. Per them, claim put forth was based on false and baseless grounds as scooter was not hit by the truck. Their further stand was that the injuries sustained by the claimant were in fact attributable to his own negligent driving of the scooter, which resulted in its having slipped on the road when he (claimant) fell down. Another defence set up was that claim, if any, is to be indemnified by the insurer with whom the truck stood insured on the date of accident.