- (1.) Appellant has filed this appeal against the Award dated 7.9.2010, passed by the Motor Accident Claim Tribunal, Karnal (in short 'the Tribunal'), vide which his claim petition under Section 166 of the Motor Vehicle Act, 1988 (in short 'the M.V. Act') for grant of compensation was dismissed.
(2.) In the claim petition, it was asserted that on 21.2.2008 at about 6:00 PM, claimant Sompal @ Bania alongwith his friend Sandeep was standing on the edge of the road near Pilkhani in front of Dharam Kanta and was waiting for conveyance. In the meantime, a motorcycle bearing registration No. UP-11-U-2151 being driven by respondent No. 1, Anil son of Sahab Singh, came at very high speed in a rash and negligent manner from Sarsawa side and hit the claimant and his friend. As a result of the accident, claimant suffered injuries. First Information Report (in short 'FIR') No. 110, dated 5.5.2008 under Sections 279, 337 and 338 IPC was registered against respondent No. 1. Claimant was treated at S.B.D. District Hospital, Saharanpur and Virk Hospital, Karnal. He was 34 years of age at the time of accident. He spent Rs. 2 lacs on his treatment, which is still continuing. Claimant claimed Rs. 15 lacs compensation with interest @ 18% per annum. Respondents No. 1 and 2 in the joint written statement took the plea that injured himself was negligent at the time of accident. False FIR has been registered against respondent No. 1. It was pleaded that if the Tribunal comes to the conclusion that the said motorcycle was driven rashly and negligently by respondent No. 1, then respondent No. 3-Insurer shall be responsible to indemnify the owner. All the allegations on merit were denied. Respondent No. 3-Insurance Company also contested the petition and it took all the legal objections. It denied that the claimant received injuries in the accident.
(3.) From the pleadings, following issues were framed :- 1. Whether the accident in question took place on 21.2.2008 in the area of P.S. Sarsawa, on account of rash and negligent driving of vehicle No. UP 11 U 2151 motorcycle being driven in rash and negligent manner by respondent No. 1 resulting into injuries to Som Pal OPP 2. If issue No. 1 is proved whether the claimant is entitled to any compensation and if so how much and from whom OPP 3. Whether the respondent No. 1 was not holding valid and effective driving licence at the time of accident OPR 4. Whether the present petition is not maintainable OPR 5. Whether the claimant has neither any locus standi nor any cause of action to institute the present petition OPP 6. Relief.;