Balwan vs Surender - 2023 Supreme(P&H) 1324

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 1324

AMARJOT BHATTI
Balwan – Appellant
Versus
Surender – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Ms. Rajni Bala, Advocate and Mr. Shokeen Singh Verma, Advocate For the Respondent:Mr. Sumit Sangwan, Mr. Punit Jain, Advocate

JUDGMENT :

AMARJOT BHATTI, J.

1. The appellant/claimant – Balwan has filed present appeal against impugned Award dated 03.10.2012 passed by learned Motor Accident Claims Tribunal, Bhiwani vide which the claim petition filed by the appellant/claimant Balwan has been dismissed with costs.

2. The brief facts of the case are that appellant/claimant Balwan filed claim petition under Section 166 of the Motor Vehicles Act, 1988 for grant of compensation on account of injuries sustained by him in a motor vehicular accident due to rash and negligent driving by respondent No.1 while driving Jeep bearing No.HR-19E-0228. It is submitted that at the time of accident he was 28 years of age. He was doing dairy farming and agricultural work. He was earning Rs.15,000/- per month from both the sources. On the fateful day of 18.07.2008 at about 5 pm, he along with his brother Rajender boarded Pickup Jeep No.HR-19E-0228 from the turn of main road village Atela Khurd for going to their village Dohka Hariya. The pickup jeep was driven at a high speed and in a rash and negligent manner by its driver. He and his brother requested him to drive slowly but he did not listen. When the pickup jeep reached near th