- (1.) Jaspal Kaur, whose claim petition under Section 166 of the Motor Vehicle Act, 1988 was dismissed by the Motor Accident Claims Tribunal (in short 'the Tribunal'), Rupnagar, has filed the present appeal, challenging the Award of the Tribunal.
(2.) The facts necessary for the disposal of the appeal are that as per case of claimant, on 24.06.2007 at about 9.45 a.m., Jaspal Kaur along with her son Ranvir Singh and daughter Sukhwinder Kaur left her house at village Khawaspur on their motor cycle bearing registration No.PB-12J-6810 to pay obeisance at Gurudwara Tibi Sahib near Head Works, Ropar. When they reached near railway station, Ropar, it was about 10.00 a.m. After crossing the railway station, they had gone little ahead towards Head Works side. In the meanwhile, a bus bearing registration No.PB-12J-7027 belonging to Ambala Syndicate (respondent No.1) being driven by respondent No.2 Kulwant Singh, Driver came from back side i.e. from old bus stand side Ropar. The bus was being driven in a very rash and negligent manner at a very fast speed and struck against the motor cycle of the claimant towards the left side, even though the claimant and her family members were going on their extreme left side of the road. Due to the accident, claimant fell down on the left side of the road and suffered multiple injuries on her person including the head injury. Her son and daughter also received minor injuries. Later on, claimant was removed to the Civil Hospital, Ropar by her husband Bhag Singh with the help of passersby. FIR No.76, dated 25.06.2007 was registered under Sections 279, 337, 338 and 427 IPC against respondent No.1 at Police Station City Ropar on the statement of Bhag Singh. It was wrongly mentioned in the FIR that Bhag Singh was driving the motor cycle. It is stated that actually son of the claimant was driving the motor cycle. Claimant remained admitted in Civil Hospital, Ropar and then Dayanand Medical College & Hospital at Ludhiana. Lacs of rupees were spent on her treatment, special diet, transportation and attendant. Claimant Jaspal Kaur claimed Rs. 15,00,000/- as compensation.
(3.) Respondent Nos.1 and 2 in their joint written statement denied the accident with their bus and stated that false FIR has been registered against them.;