BRAHAM Vs. SANJAY KUMAR

JUDGEMENT

(1.) The claimant has assailed, the impugned Award dated 22nd November, 2004, passed by the Motor Accidents Claims Tribunal, Hamirpur, H.P. in M.A.C. Petition No. 02 of 2001 titled as Braham Dass v. Amrit Lal and others, wherein the claim petition filed under Section 166 of the Motor Vehicles Act (hereinafter referred to as 'the Act') stands dismissed. The petitioner claimed compensation of Rs. 5 lacs for the injuries sustained by him in a motor vehicle accident.

(2.) As per the pleadings, on 9th July, 2000, petitioner was travelling in Jeep (Tralla) No. HP-23-2207 (hereinafter called to as the Jeep) and when the said vehicle reached at Bari Chowk, Hamirpur (H.P.) truck bearing registration No. HP-23-5457 (hereinafter called as a truck) came in a rash and negligent manner and while overtaking, hit the Jeep from behind. As a result of the accident petitioner fell down from the Jeep and sustained multiple grievous injuries on both of his legs. He undertook medical treatment initially at Primary Health Centre, Bharari, Tehsil Ghumarwin, Distt. Bilaspur and subsequently at the Indira Gandhi Medical College/State Hospital, Shimla, where he remained admitted from 10th July, 2000, upto 4th August, 2000. His leg was fractured and he had to be operated upon and an iron rod inserted in his right leg. He incurred an expenditure of Rs. 30,000/- towards his medical treatment. He was employed as a Mason and earning Rs. 4,000/- per month but however, as a result of the injuries sustained by him in the accident, he could not do any hard work thus impairing his earning capacity. The truck owned by Shri Amrit Lal (original respondent No.l) was being driven by Shri Vikas Sharma (original respondent No.2) and the said vehicle was insured with the United India Insurance Company Ltd. (original respondent No.4).

(3.) The owner of the jeep, Shri Jeet Ram (original respondent No.3) and its insurer M/s. National Insurance Company Ltd. (original respondent No.5) were also impleaded as parties.