RATTAN SINGH AND ORS Vs. SUSHIL KUMAR PANCHAL AND ANOTHER
LAWS(P&H)-2012-5-547
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 16,2012

Rattan Singh And Ors Appellant
VERSUS
SUSHIL KUMAR PANCHAL AND ANOTHER Respondents

JUDGEMENT

- (1.) The appellant has filed the present appeal against the Award dated 30.9.2000 passed by the learned Motor Accident Claims Tribunal, Kurukshetra.
(2.) The brief facts of the case are that on 16.1.1999 while the injured was going from Sector 5, HUDA, Kurukshetra towards Pooja Modern School, Pipli at about 11.00 a.m., he was hit by a scooter bearing registration No.HR-07B-0770 from behind. As a result of the accident, the claimant suffered fracture of both bones of the right leg beside other injuries.
(3.) The appellant-claimant preferred claim petition before the learned Tribunal seeking compensation and on the pleadings of the parties, the following issues were framed:- 1. Whether the accident in question took place on account of rash and negligent driving of Sushil Kumar respondent No.1, driver cum owner of scooter No.HR-07B-0770 OPP. 2. Whether the petitioner suffered injuries in this accident and is entitled to claim compensation on account of the same. If so, to which extent and from whom OPP 3. Whether the insured violated the terms and conditions of the Insurance Policy, if so, to what extent OPR. 4. Relief. After appreciating the evidence on record and giving issue-wise findings, the learned Tribunal dismissed the claim petition by holding that the accident in question did not occur in the manner projected by the claimant-appellant and respondent No.1 was introduced with a view to extract money. Aggrieved therefrom, the appellant came in this appeal.;


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