BHOPAL SINGH ALIAS BHOOPA SINGH (SINCE DIED) AND OTHERS Vs. UNITED INDIA INSURANCE CO. LTD. AND OTHERS
HIGH COURT OF UTTARAKHAND
Bhopal Singh Alias Bhoopa Singh (Since Died) And Others
United India Insurance Co. Ltd. and others
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Prafulla C. Pant, J. -
(1.) This appeal, preferred under Section 173 of Motor Vehicles Act, 1988, is directed against the award dated 28.04.2006 passed by Motor Accident Claims Tribunal Additional District Judge, Udham Singh Nagar in Moto2 Accident Claim Case No. 221 of 2002 whereby the tribunal has directed that compensation of Rs. 57,690/- be paid by Jasvinder Singh (present respondent no. 2) owner of the vehicle involved in the accident, to the claimant Bhopal Singh @ Bhoopal Singh (injured).
(2.) Heard learned counsel for the parties and perused the record of the tribunal.
(3.) Brief facts, of the case are that on 01.08.2002 between 8:00-9:00 p.m. claimant Bhopal Singh @ Bhoopal Singh was driving a truck bearing registration no. U.P.-14/F2967 from Khatima to Delhi. Near Lohia Head Bridge, from the opposite direction, truck bearing registration no. USH 7525 loaded with boulders which was being driven rashly and negligently by its driver Rajeev Kumar, collided with the truck U.P.-14/F2967 being driven by the claimant Bhopal Singh @ Bhoopal Singh. In the accident claimant suffered injuries on both of his legs. He was immediately taken to Community Health Centre Khatima, from where he was referred to Gokhle Nursing Home, Pilibhit for treatment. The first information report regarding the incident was got lodged at Police Station Khatima where Crime No. 482 of 2002 was registered in respect of charge of offences punishable under section 279, 337 and 338 IPC. After investigation charge sheet 3 was filed against accused Rajeev Kumar (driver of vehicle USH 7525) for his trial. Since, claimant suffered fractures in both of his legs, he underwent surgeries and remained hospitalized for about fifteen days. Even after getting discharged from the hospital, he had to keep on going to nursing home in connection with surgery and the plaster. The salary of the claimant was Rs. 5,000/- per month. The claimant filed a claim petition for a compensation of ' five lac before Motor Accident Claim Tribunal, Udham Singh Nagar. Jasvinder Singh (present respondent no. 2) owner of the vehicle USH 7525 filed his written statement before the tribunal and contested the claim petition. He pleaded that his driver (Rajeev Kumar) was driving a vehicle with a valid license. He alleged that it was the claimant who was driving rashly and hit his truck. He denied that driver of truck bearing no. USH 7525 was at fault.;
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