DINESH KUMAR Vs. BALBIR SINGH

JUDGEMENT

(1.) A challenge has been laid to the order dated 19-4-2003 passed by the permanent Lok Adalat, Kangra at dharamshala in MACP No. 10-G/2002.

(2.) THE brief facts necessary for the adjudication of this petition are that the petitioner was driving his tempo bearing No. HP-20-5587 on 13-11-2001 and was proceeding from Kaloha to Pragpur. Bus bearing registration No. HP-55-3486 (M/s. Sayal Bus service) came from Pragpur side and dashed against the tempo resulting in grievous injuries to the petitioner. The accident took place around 10-30 a. m. He was firstly taken to hospital at Dehra (District Kangra) and thereafter underwent treatment in Bharaj nursing Home, Jallandhar Road, Hoshiarpur. He remained indoor patient in Bharaj nursing Home with effect from 13-11-2001 to 17-11-2001 and also underwent surgical operation costing Rs. 80,000/ -. He filed a petition before the Motor Accident Claims tribunal-1, Kangra at Dharamshala in the month of January, 2002 claiming the compensation for the grievous injuries received in the accident resulting in fracture of right tibia and many other injuries. He had claimed in all Rs. 3 lakhs towards compensation.

(3.) RESPONDENT Nos. 1 and 2 had filed detailed reply to the claim petition and had admitted that the bus was insured with New india Insurance Company Limited, Branch office Dev Pal Chowk, Hamirpur i. e. respondent no. 3. The respondent No. 3 had also filed separate reply and in preliminary objection it has denied that the bus bearing no. HP-55-3486 was insured with it. The objection was also taken with regard to the validity of the driving licence of the petitioner besides the objections of invalid certificate of registration. The learned Motor Accident claims Tribunal issued notices to the respondents on 28-2-2002. The Motor Accident Claims Tribunal, Kangra at dharamshala has passed the following order on 19-2-2003. <FRM>JUDGEMENT_59_AIR(HP)_2008Html1.htm</FRM>