GOVERDHAN BARDHAR,J. - (1.) The instant Civil Misc. Appeal has been filed by the appellant under Section 173 M.V Act against the judgment and award dated 27-09-2016 passed by the learned Judge, Motor Accident Claims Tribunal, Sriganganagar, whereby he has awarded a sum of Rs. 2,64,768/- to the claimant along with interest @ 7.5%.
(2.) The appellant-claimant filed a claim petition under Section 166 M.V. Act before the learned Motor Accident Claims Tribunal, Sri Ganganagar alleging therein that on 20-12-2012 the appellant along with Jasvir Singh, Sandeep and Rahtash were coming from Gajsinghpur to Sri Ganganagar in Alto Car No. RJ 06CA-9007. The appellant was driving the car, Sandeep was sitting on front seat and Jasveer Singh and Rohtash were sitting on rear seat. When they reached near 6-B Pegoda Resorts, Sri Ganganagar then the respondent No. 1 while driving the bus No. RJ 13PA 0606 rashly and negligently came from the side of Sri Ganganagar and hit his car from driver side. In the said accident Jaspal Singh, Amarpal Singh and Sandeep Singh sustained injuries. The FIR of the case bearing FIR No. 386/2012 was registered and the police after investigation filed the charge sheet for the offence under Section 279, 337, 338 I.P.C. against the respondent NO. 1. The appellant claimed compensation to the tune of Rs. 15,00,000/-.
(3.) The learned tribunal issued the notices to all the respondents. On behalf of the respondent No. 1 and 2 reply to the claim petition was filed and denied the factum of accident and admitted the factum of insurance. It is further averted that at the time of accident the driver was not driving the vehicle rashly and negligently whereas he was driving the vehicle in correct side and speed. The respondent No. 1 was possessing valid and effective driving licence. The driver of the car while driving the car rashly and negligent caused the accident in wrong side, therefore, the respondent No. 1 is not responsible.;