AMIT SINGH Vs. RAMKUMAR AND OTHERS

JUDGEMENT

(1.) This Civil First Miscellaneous Appeal is directed against award dated 16-03-2001 passed by Motor Accident Claims Tribunal, Udhampur in claim petition titled Amit Singh v. Ram Kumar and others whereby and whereunder claim petition filed by the appellant-claimant came to be dismissed, on the grounds taken in the memo of the appeal (for short "impugned award"). Brief facts :

(2.) Appellant-claimant was on his Scooter bearing registration No. JKU-2293 on 11-08- 1994 from PTC road towards his house along with one Akash Gupta, who was pillion rider. It is contended that BSF vehicle bearing registration No. 14616145/H was coming from Srinagar side towards Udhampur, hit the scooter of the appellant nearby Umara Morh. The appellant- claimant sustained multiple injuries in the accident and pillion rider also sustained injuries, so both were taken to District Hospital for treatment. Appellant-claimant had sustained compound fracture of femur and was operated upon, the knailing and plating was done but despite treatment, the appellant-claimant did not recover from the injuries, but asked for specialized treatment for which the appellant-claimant has to go to outside. It is contended that said injuries have affected his career, for which he had sought compensation to the tune of L 2.25 lacs as per the break-up given in the claim petition.

(3.) Respondents have contested the claim petition by projecting therein that accident was caused due to rash and negligent driving of the appellant as at the time of accident he was plying the scooter at a fast speed which dashed against BSF vehicle and with- .out having driving licence.