SH HEM RAJ Vs. DHARMESHWAR KUMAR & ORS

JUDGEMENT

(1.) The appellant is the claimant whose claim petition has been dismissed by the learned Motor Accidents Claim Tribunal (for short 'Tribunal') and aggrieved thereby has filed the instant appeal.

(2.) The appellant filed a claim petition under Section 166 of the Motor Vehicle Act (for short 'Act') on account of multiple grievous injuries sustained by him due to accident and collision between vehicle No. HP32-1629 (Jeep) being driven by respondent No. 2 and vehicle No. HP-30- 0128 (Scooter) being driven by respondent No. 5 at Jarod, Tatapani-Karsog road, on 14.01.2002, at about 10:30 a.m. The appellant was pillion rider on the scooter and on account of having sustained grievous injuries in the accident, he was initially taken to Sunni hospital from where he was referred to Indira Gandhi Medical College and Hospital, Shimla (for short 'IGMC') , where he remained admitted from 14.01.2002 to 17.01.200

(3.) Respondents No. 1 and 2 contested the petition by filing a joint reply wherein it has been submitted that no accident has taken place due to rash and negligent driving of respondent No. 2 and they had been falsely implicated in this case. It was denied that the scooter was struck by the Jeep. As a matter of fact, respondent No. 2 was driving his Jeep at a very slow speed on his own side while respondent No. 5 was driving the scooter at a very high speed in a rash and negligent manner on the wrong side and struck against the Jeep as he could not control the scooter. The appellant had sustained the minor injuries. After the accident, respondent No. 2 had taken the appellant to Sunni hospital for first-aid and thereafter informed the police. It was solely on account of the respondent No. 5 that accident in question had taken place.