- (1.) RAJESH Tandon, J. Heard Sri Rajendra Dobhal, counsel for the appellant and Sri Rakesh Thapliyal, counsel for the respondent.
(2.) BY the present A. O. filed under Section 173 of the Motor Vehicles Act, 1988, appellant has prayed for setting aside the judgment and order dated 5. 6. 2002, passed by Motor Accident Claims Tribunal/iind Fast Track Court, Nainital in Motor Accident Claim Case No. 229 of 1997, Kamlesh Kumar v. G. B. Pant University, whereby a sum of Rs. 30,000 has been awarded to the claimant towards compensation. Briefly stated, a claim petition was filed by the claimant-respondent being Motor Accident Claim Case No. 229 of 1997, Kamlesh Kumar v. G. B. Pant University, claiming a sum of Rs. 1,50,000 towards compensation. According to the claimant, on 24. 3. 1997, he was going to his house at Kakpheri, Pant Nagar, Tehsil Kichha from Nagla as a pillion rider on scooter of his friend Rajeev Verma, as soon as they reached near Stadium, all of a sudden, a Jeep No. U. T. F. 104, which was coming from the back side and being driven rashly and negligently by its driver dashed the claimant. In this accident, the claimant received grievous injuries. Claimant and his friend were taken to Pant Nagar Hospital for first aid, but due to serious condition of the claimant, he was sent to Om Hospital, Rudrapur. The claimant remained admitted in the hospital upto 20 days as his ribs and legs had broken. He has stated that he spent a sum of Rs 35,000 on his treatment. At the time of accident, the claimant was 28 years of age and was a salesman In the canteen of the hostel of the University. 2 Create PDF with GO2pdf for free, if you wish to remove this line, click here to buy Virtual PDF Printer This Software is licensed to: :-REg Copyright Capital Law Infotech
(3.) APPELLANT has contested the claim by filing a written statement stating therein that University is the registered owner of the Vehicle No. U. T. F. 104. It has also been stated that no accident took place by the said vehicle because the said vehicle was parked in the garage on 24. 3. 1997 and was never driven on the road. Thus, the appellant is not liable to pay any compensation. On the pleadings of the parties, Claims Tribunal has framed the following issues : Hinde;