- (1.) HEARD Sri D. S. Patni, counsel for the appellant and Sri T. A. Khan, counsel for the respondent no. 2.
(2.) BY the present A. O. filed under Section 173 of the Motor Vehicles Act, ap pellant has prayed for enhancement of the award dated 1st October, 2002 passed by the Motor Accident Claims Tribunal / District Judge, Nainital in Motor Accident Claim Petition No. 164 of 2001 Sri Chandra Ballabh Nainwal Vs. Mohd. Sadab, whereby the claimant / appellant has been awarded a sum of Rs. 1,89,100. 92 towards compensation along with interest @ 9% per annum. Briefly stated, a Claim Petition was filed by the claimant / appellant being Motor Accident Claim Petition No. 164 of 2001 Sri Chandra Ballabh Nainwal Vs. Mohd. Sadab claiming a sum of Rs. 6,00,000/- towards compensation. According to the claimant, on 12-9-2001, he was going along with his brother from Kichha to Motahaldu on Scooter No. U. P 25b5236. As soon as, h3 reached near Subhash Nagar barrier in Lalkuan at about 7. 30 p. m. , a Truck No HR 05b / 3117 which was coming from the side of Lalkuan and being driven rashly and negligently by its driver dashed the scooter. In this accident, claimant received grievous injuries including fracture in the right leg, hip and ribs. The claimant was immediately rushed to Krishna Nursing Home, Haldwani and he remained admit ted there upto 11-10-2001 and spent a sum of Rs. 1,50,000/- on his treatment. After the treatment right leg of the claim ant has got shortened by IVa". As such, the claimant became disabled.
(3.) OWNER of the truck has contested the claim by filing a written statement stat ing therein that he is the registered owner of the truck No. HR 05b/3117 and the truck is registered with the New India Assurance Company. It has further been stated that the accident did not take place due to rash and negligent driving of the driver of the truck in question. New India Assurance Company has contested the claim by filing a writ ten statement stating therein that the claim petition is not maintainable due to want of compliance of provisions of Motor Ve hicles Act.;