VINOD K.SHARMA,J - (1.) PRESENT appeal has been filed against the judgment passed by the learned Motor Accident Claims Tribunal, Ropar vide which the claimants have been granted compensation to the tune of Rs. one lakh for the injuries suffered by him in a motor vehicle accident.
(2.) THE case set up by the claimant-respondent was that on 6.6.1989 at about 9 a.m. the claimant was coming from Sirhind to village Boor Majra on a scooter No. PAL-4040. He was going at a normal speed on the left hand side of the road. When he reached near village Doomchheri, a jeep bearing No. PBW-1464 being driven by Mehar Singh respondent rashly and negligently came and struck against the scooter. He sustained multiple injuries on his person. It was claimed that accident had taken place because of the rash and negligent driving of the jeep by Mehar Singh respondent. He was got treated in P.G.I., Chandigarh, Civil Hospital Ropar and G.M.C. Ludhiana and he spent Rs. 30,000/- on his medical treatment. Appellants-respondents No. 1 and 3 filed a joint written statement denying the version of the claimant. The stand taken by respondents No. 1 and 3 was that respondent No. 2 on the day of alleged accident was not driving the jeep in question but the same was driven by Sh. R.K. Verma. It was further averred that on 5.6.1989 the jeep was taken from Ropar to Mohali and then to Chandigarh. On 5.6.1989 the jeep remained at Chandigarh and on 6.6.1989 it was taken from Chandigarh to Mohali and, therefore, the involvement of jeep in question was denied.
(3.) THE respondent No. 2 by way of separate written statement controverted the allegations and he has taken the plea that the jeep was neither involved in the accident nor it was driven by him. According to him, on the date of accident, the jeep was driven by Sh. R.K. Verma and not by him. It was also alleged that on 5.6.1989 the jeep was taken from Ropar to Mohali and Chandigarh and then after staying for the night at Chandigarh, it was driven to Mohali from Chandigarh by Mr. R.K. Verma.;