BALBIR Vs. RAM SINGH

JUDGEMENT

(1.) The instant appeal under Section 173 of the Motor Vehicle Act has been preferred by the appellants (non-claimants) before the Tribunal, for assailing the judgment-cum-award dated 01.02.2010 passed by the learned Motor Accident Claims Tribunal, Rajgarh, District Churu in Claim Case No.76/2005, whereby the claim application preferred by the respondent Ram Singh under Section 166 of the Motor Vehicle Act was accepted and he was awarded compensation to the tune of Rs.58,150/- by holding the appellants jointly and severely responsible for satisfying the award.

(2.) I have heard and considered the arguments advanced by the learned counsel for the parties and have gone through the impugned award as well as the original record.

(3.) There is ample evidence available on record to show that the appellant Balbir drove his tractor in a rash and negligent manner and collided the same with the respondent Ram Singh causing him a grievous injury on his left leg. An FIR No.91/2005 was lodged at the Police Station Hameerwas in relation to the accident. After investigation, the appellant Balbir was charge- sheeted for the offences under Sections 279 and 338 IPC. The claimant filed the claim application seeking damages to the tune of Rs.4,80,000/-. The appellant and other non-claimants filed reply stating that the claim was false. The tractor was damaged from well before the accident and was not roadworthy on that date.