BISHAN SINGH KANWAL Vs. JAGAT SINGH MEHTA
HIGH COURT OF UTTARAKHAND
Bishan Singh Kanwal
Jagat Singh Mehta
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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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