BAKSHISH SINGH Vs. RAJ KUMAR

JUDGEMENT

(1.) Having remained unsuccessful in getting any compensation from the Claims Tribunal under Sec. 166 of the Motor Vehicles Act, 1988 (for short, 'the Act'), appellant has approached this Court by way of instant appeal under Sec. 173 of the Act.

(2.) A claim petition was filed by the appellant under Sec. 166 of the Act before the learned Motor Accident Claims Tribunal, Ghumarwin, District Bilaspur, H.P. (for short, 'Claims Tribunal') with a prayer to grant Rs.5,00,000.00 as compensation. It was alleged that on 18/9/2008 appellant was hit by Jeep bearing No. HP-01D-0272 at Bus Stand Kuthera. The cause of accident was attributed to rash and negligent driving of Respondent No.1, who at the time of accident was alleged to be on the driving wheel of the offending vehicle. Appellant suffered injuries that resulted in his permanent disablement to the extent of 30%. Respondents No. 2 and 3 were impleaded as insured and insurer respectively of the offending vehicle. The appellant had also reported the matter to the police and on his report FIR No. 135 of 2008 dtd. 19/9/2008 was registered at Police Station, Ghumarwin, District Bilaspur, H.P.

(3.) Respondent No.1 in his reply denied the factum of accident. He denied that he had been driving Jeep No. HP-01D-0272. It was also denied that the said vehicle had not met with an accident on 18/9/2008.