G.R. Majithia, J. - (1.) THE New India Assurance Company Ltd. has assailed the award of the Motor Accident Claims Tribunal allowing claim application for award of compensation. Respondent No. 2 (hereinafter referred to as the claimant) moved the Tribunal for awarding of compensation on the following grounds:
(2.) ON February 28, 1980 the claimant was driving his friends scooter bearing registration No. DHH -245 and was on his way to Command Hospital from Chandi Mandir side. He negotiated a right turn after giving a proper hand signal. The traffic lights showed green signal for him. As he turned towards Sector 28? Respondent No. 1 Vijay Kumar who was riding a Yezdi motor cycle bearing registration No. CHG -8078 hit him. As a result he fell down and sustained injuries. He was removed to the Hospital in a passing military vehicle. He suffered fractures of medical malicious and fracture of 5th meta -carpal left hand. He remained in the Hospital from February 28, 1980 to March 14, 1980. His wife escaped with minor injuries. The claim petition was contested by the Appellant and Respondent No. 1. They have filed separate written statements, but the pleas are almost identical, Respondent No. 1 pleaded that he was proceeding on the road from the side of the Tribune towards Timber -market. He was on the left side of the road. When he reached the crossing of the Petrol Pump he noticed green light and proceeded straight on. After he had covered 3/4th of the crossing the claimant came from the Industrial Area and suddenly took a turn when the signal of the light was red and struck against his motor cycle. The accident took place as a result of the negligence of the claimant when he entered the crossing on the main road when the signal was red and did not care to find out if there was traffic on the main road. The contesting Respondents did not dispute that the motor cycle involved in the accident was insured with the Appellant.
(3.) ON the pleading of the parties, the following issues were framed: (1) Whether the accident took place due to rash and negligent driving of motor cycle No. CHG 8078 driven by Respondent No. 1 resulting in the injuries to the claimant? O.P.P. (2) To how much compensation is the claimant entitled - to and from which of the Respondents? O.P.P (3) Belief.;