SANJAY RATHORE Vs. PRAKAM SINGH AND ORS

JUDGEMENT

(1.) The injured has come in appeal against the award dated 31.7.2004 passed by the learned Motor Accident Claims Tribunal (II), Mandi in Claim Petition No. 13 of 1999, dismissing the claim petition of appellant which was filed by him under Section 166 of the Motor Vehicles Act, 1988 ( for short Act).

(2.) The pleaded case of the appellant is that on 9.6.1998 at about 7.15 a.m., he was riding motor cycle No. DHT-785 as a pillion rider which was being driven by his brother Vinay Rathor, a tempo bearing No. HP-53-947 came from Joginder Nagar side in high speed and collided with motor cycle No. DHT-785. In the accident, occupants of the motorcycle sustained injuries. The tempo No. HP-53-947 was being driven by respondent No. 2 rashly and negligently at the time of accident. The appellant sustained fracture of right knee and other multiple injuries. The appellant filed petition claiming Rs. 2.5 lac compensation.

(3.) The petition was contested by respondent No. 1 by filing reply, in which he denied the rash and negligent driving on the part of respondent No. 2. It was contended that accident took place due to rash and negligent driving on the part of Vinay Rathor. The compensation claimed is excessive. The vehicle was insured with respondent No. 3 and therefore, respondents No. 1 and 2 are liable to be indemnified by respondent No. 3.