K.C.PURI, J. - (1.) CHALLENGE in this appeal is the award dated 8.5.1996 passed by Shri S.S.Grewal, Motor Accident Claims Tribunal, Rupnagar vide which the claim petition preferred by Hakam Singh claimant/appellant was dismissed.
(2.) THE case of the claimant/appellant as set forth before the Tribunal was that on 14.9.1991 at about 5.00 p.m., claimant was traveling on scooter bearing registration No.CHO -3638. He was sitting on the pillion seat and the same was being driven by Kulwant Singh at a slow speed and on the left side of the road. They started from village Teheri and were going towards village Gharuan. They crossed near Machhipur and had gone half a kilometer ahead, at that time a Swaraj tractor bearing registration No. HRX -4309 came from the left side i.e. katcha path and took sudden right turn and struck against the scooter. Claimant sustained injuries due to the accident whereas Kulwant Singh fell on the road. Both of them were taken to the hospital. The accident has taken place due to rash and negligent driving of Swaraj Tractor by its driver Paramjit Singh. The claimant claimed a sum of Rs.5,00,000/ - as compensation on account of injuries sustained by him in the motor vehicular accident. Respondents appeared and, filed written reply denying the allegation. The factum of accident was emphatically denied. It is further pleaded that petition has been filed at the instance of Ajmer Singh, who had been playing fraud with the respondent with the help of his enemy. The application is beyond limitation.
(3.) FROM the pleadings of the parties, following issues were framed : - 1. Whether Hakam Singh has received injuries as a result of accident dated 14.9.1991 caused by Paramajit Singh respondent while driving tractor No.HRX -4309 rashly and negligently ?OPP 2. Whether there are sufficient grounds for the condonation of delay ? OPP 3. To what amount of compensation, if any, the claimant is entitled to recover and from whom ?OPP 4. Relief. ;