Decided on July 01,2013

Bishan Singh Kanwal Appellant
Jagat Singh Mehta Respondents


PRAFULLA C.PANT, J. - (1.) THIS appeal preferred under section 173 of Motor Vehicles Act, 1988, is directed against award dated 01.06.2009, passed by Motor Accident Claims Tribunal/District Judge, Almora, in Motor Accident Claim Case No. 02 of 2008 whereby the Tribunal has awarded Rs. 2,00,000/ - to the claimant/appellant which is directed to be paid by respondent No.3 (National Insurance Company) with whom the vehicle was insured at the time of the accident.
(2.) HEARD learned counsel for the parties and perused the record of the Tribunal.
(3.) BRIEF facts of the case are that on 20.09.2007 at about 10.30 am near Tourist Rest Centre, Khairna, claimant/appellant Bishan Singh Kanwal, was waiting for a vehicle, when suddenly a vehicle bearing Registration No. UAO4B -9585, which was being driven rashly and negligently by its driver (respondent No.2), dashed at him. Claimant/appellant suffered grievous injuries on his legs. He was immediately taken to nearest Primary Health Center, from where, he was referred to Krishna Nursing Home, Haldwani, and from there he had to go Bareilly, for further medical treatment. Claimant (injured) claimed Rs. 14,65,158.73 as amount of compensation, from the respondent No.1 Jagat Singh Mehta (owner of the vehicle), respondent No.2 (driver) and respondent No.3 (National Insurance Company Ltd., with whom the vehicle was insured at that time of the accident). Respondent No.1 and 2 filed their written statements, and pleaded that it was the claimant who rushed towards the vehicle and got dashed. It was also pleaded that Rs. 20,000/ - were paid by the respondent No.1 to the claimant for immediate help at the time of the accident. It is further pleaded that the vehicle was insured with National Insurance Company at the time of the accident.;

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