HEM CHAND Vs. SH. DILA RAM AND OTHERS

JUDGEMENT

(1.) This FAO is directed against the award, dated 04.05.2006, rendered by the learned Motor Accidents Claims Tribunal, Fast Track Court, Solan, H.P., in case No. 36FT/2 of 2005. Key facts necessary for adjudication of this FAO are that the appellant aged 33 years has received multiple injuries in a vehicular accident on 19.07.2004 near Ambuja Chowk, Darlaghat. According to him, the accident took place due to rash and negligent driving of truck No. HP-11-2203 by respondent No. 2, who was employed by respondent No. 1, as driver. The vehicle in question, i.e., truck No. HP-11-2203 was insured with respondent No. 3. The appellant has filed a claim petition before the learned Motor Accidents Claims Tribunal, Fast Track Court, Solan, seeking compensation of Rs. 5,70,000/-. According to the appellant, he has suffered 100% disability and now he could not drive the vehicle.

(2.) All the respondents filed separate replies. The accident in question was not disputed. However, it was disputed that the accident took place due to the rash and negligent driving on the part of the truck driver, i.e. respondent No. 2. They denied that the petitioner has suffered any disability. It is also denied that the petitioner has incurred a sum of Rs. 70,000/- towards his treatment. According to him, the accident has taken place due to the negligence of the appellant himself.

(3.) The issues were framed by the learned Motor Accidents Claims Tribunal, Fast Track Court, Solan, H.P. Learned Motor Accidents Claims Tribunal, Fast Track Court, Solan, H.P. has awarded a sum of Rs. 1,07,000/- by way of compensation to the appellant. Hence this appeal.