- (1.) RAJESH Tandon, J. 1. This appeal has been preferred against the Award dated 27- 11 -2003, passed by the Motor Accident Claims Tri bunal, Champawat for enhancement of the amount of award.
(2.) THE appellant Diwan Singh pre ferred a claim petition under section 166 of the Motor Vehicles Act, for the grant of compensation on account of the in juries sustained by him in a motor vehi cle accident. According to the claimant on the fateful day on 6-12-2001 at 9. 30 AM he was going to Tanakpur from Pithoragarh by Jeep Taxi No. U. P. 29-0048, when he reached near village Baparan an Army truck No. 91- D-87255 dashed the Jeep. According to the claim ant the truck involved, in the accident was being driven rashly and negligently. THE deceased sustained grievous injuries in the accident and his right hand was amputated from wrist. According to the claimant he incurred Rs. 50,000/- in his treatment. He has become handicapped and is unable to do his business. The respondent no. 1, Heera Ballabh Pandey, owner of the Jeep has filed written statement and has submit ted that the jeep in question was being driven by its driver very cautiously and diligently. The driver of the Army Truck was solely responsible for the alleged accident. The United India Insurance Company, insurer of the Jeep has filed the written statement and submitted that the accident had taken place due to neg ligence of the Army Truck.
(3.) RESPONDENT no. 3, Union of In dia in its written statement has submit ted that the accident did not take place due to rash and negligent driving by the driver of Truck. The accident took place due to rash and negligent driving by the jeep driver and the jeep was over-loaded. The claimant examined himself as P. W. 1 and has filed the copy of the F. I. R, Registration certificate of jeep, cash memos of medicines, certificate of doctor and disability certificate.;