CHINTPURNI DEVI Vs. CHANDER MOHAN

JUDGEMENT

(1.) THE Civil 1st Misc. Appeal is directed against judgment/order dated 12-9-2003 of Motor Accident Claims Tribunal, Jammu whereby the Tribunal has dismissed the Claim Petition titled Sansar Chand v. Chander Mohan.

(2.) IT appears that Shri Sansar Chand S/o Anant Ram R/o Mastgarh, Jammu was on 12-4-1999 hit by a scooter bearing registration No. JK02-0294 driven rashly and negligently by Shri Chander Mohan S/o Lakshman Dass R/o Pacci Daki, Jammu respondent No. 1 herein. The accident took place outside Hospital at Jammu where the claimant was going to attend his hospitalized son. The accident left the claimant seriously injured and resulted in fracture in his left leg. The claimant was taken to the hospital arid administered medical treatment. The claimant thereafter on 1-2-2001 filed claim petition under section 140 read with 166 Motor Vehicles Act against Shri Jagjit Singh S/o Raghunath Singh R/o Mastgarh, Jammu owner of the scooter - Respondent No. 2 herein, Shri Chander Mohan driver of the scooter - Respondent No. 1 and New India Insurance Company - Respondent No. 3 herein, with which the scooter was insured. The claimant asked for a compensation of Rs. 10,85,000/-.

(3.) THE claimant appeared in the 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.