SANSAR CHAND Vs. CHANDER MOHAN

JUDGEMENT

(1.) THE civil first misc. appeal is directed against judgment/ order dated 12.9.2003 of Motor Accidents Claims Tribunal at Jammu, whereby the Tribunal has dismissed the claim petition titled Sansar Chand v. Chander Mohan.

(2.) IT appears that Sansar Chand s/o Anant Ram, resident of Mastgarh, Jammu was on 12.4.1999 hit by a scooter bearing registration No. JK 02-0294 driven rashly and negligently by Chander Mohan s/o Lakshman Dass, resident of Pacci Daki, Jammu, respondent No. 1 herein. The acci- dent took place outside hospital at Jammu where the claimant was going to attend his hospitalised son. The accident left the claimant seriously injured an0d resulted in fracture in his left leg. The claimant was taken to the hospital and administered medical treatment. The claimant thereafter on 1.2.2001 filed a claim petition under section 140 read with section 166 of the Motor Vehicles Act against Jagjit Singh s/o Raghunath Singh, resident of Mastgarh, Jammu, owner of the scooter, respondent No. 2 herein, Chander Mohan driver of the scooter, respondent No. 1 and New India Assurance Co. Ltd., respondent No. 3 here- in, with which the scooter was insured. The claimant asked for a compensation of Rs. 10,85,000.

(3.) THE claimant appeared in witness- box and examined two witnesses, namely, Mohammad Arif and Dr. Anil Gupta to substantiate his claim. THE respondents, on the other hand, did not examine any witness to support their stand or rebut the evidence adduced by the claimant. THE respondents evidence was closed on 19.4.2003.