DALIP SINGH Vs. ORIENTAL INSURANCE COMPANY

JUDGEMENT

(1.) Appellant-claimant feeling dissatisfied with impugned judgment and award dated 5th of June, 2018, passed by Motor Accident Claims Tribunal, Rajgarh,District Churu (for short, 'learned Tribunal), has laid this appeal under Section 173 of the MotorVehicles Act, 1988 (for short, 'Act'). The appellant has craved for enhancement of compensation awarded by learned Tribunal on various counts on account of injuries suffered by him in an accident.

(2.) Brief facts are that on 19th of February, 2010 at about 1:30 PM when appellant Dalip Singh was on his way riding a motorcycle near Mahendra Tractor Agency, a Pickup bearing No. RJ-10-GG- 2331, coming from opposite direction, driven rashly and negligently hit the motorcycle. Due to the said accident, appellant sustained grievious and simple injuries. A report of the said accident was lodged at Police Station, Rajgarh and after investigation, chargesheet against the driver of pickup was filed in the concerned Court. Appellant, in the claim petition, under different heads, in all claimed compensation to the tune of Rs.14,19,481/- from respondents.

(3.) The claim petition was contested by insurer respondent No.1 denying most of the averments of claim petition in toto. It was the case of insurer that accident did not occur due to rash and negligent driving of insured vehicle but on account of appellant's own negligence. It was further case of the insurer that driver of the offending vehicle was not holding a valid driving licence at the time of accident and said vehicle was not used under the employment of its owner as such insurer is not liable to pay compensation. By narrating all these facts, the insurer pleaded for rejection of the claim petition.