RAM LOK Vs. BAGGA RAM

JUDGEMENT

(1.) THIS judgment shall dispose of two appeals being FAO Nos.47 of 2002 and 311 of 2002 as well as Cross Objections No.194 of 2002 filed in FAO No.47 of 2002, as they arise out of the same accident and award.

(2.) THE claimant Bagga Ram filed a petition under Section 166 of the Motor Vehicles Act alleging that on 14.3.1999 when he was on his motor-cycle and was going to Haripur via Barotiwala Tractor No.HP- 12-8329 came from the other side. The Tractor which was owned by Ram Lok was being driven by his brother Ashok Kumar in a rash and negligent manner. The tractor hit against the motorcycle and the left leg of the claimant got fractured. The owner and driver of the tractor denied that any accident had taken place. The Insurance Company took up various pleas including the plea that the driver did not have a valid driving license.

(3.) FAO No.47 of 2002 has been filed by the owner and driver of the tractor in which the main ground taken is that the accident in question had not taken place with the tractor. In this appeal cross objections have been filed by the claimant for enhancement of compensation.