JUDGEMENT
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(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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