DALIP KUMAR Vs. RAJESH SAHANI

JUDGEMENT

(1.) - The aforesaid two cross appeals are being disposed of by this judgment.

(2.) Brief facts of the case are that petitioner -claimant Dalip Kumar filed a petition under Section 166 of the Motor Vehicles Act. In this petition it was stated that while the petitioner was travelling on scooter bearing registration No. HP -07 -2085 from Shoghi to Khalini, Tipper bearing registration No. HP -07 -1909 came from the opposite side. It was alleged that the Tipper was being driven rashly and negligently and hit the scooter as a result of which the scooterist and pillion rider fell down and the petitioner sustained injuries.

(3.) Tipper was alleged owned by Smt. Rajesh Sahni and driven by Inder Singh. The Scooter was owned by Duni Chand Saklani. The Tipper was insured with National Insurance Company and the scooter was insured with New India Assurance Company. Contesting parties filed the replies. The driver of the tipper was proceeded against ex -parte. The Insurance Company was granted permission to contest the case on all grounds. Evidence was recorded.