Judgment

Ms. Amarjot Bhatti, J.

The appellant/claimant – Kamaldeep Singh has filed present appeal against impugned Award dated 09.10.2014 passed by learned Motor Accident Claims Tribunal, Chandigarh vide which the appellant/claimant has been awarded compensation of Rs. 40,197/- alongwith interest @7.50% per annum from the date of filing of petition till the date of actual realization.

2. The facts of the case are that claimant Kamaldeep Singh filed claim petition under Section 166 of the MOTOR VEHICLES ACT , 1988 for grant of compensation of Rs. 20,00,000/- alongwith interest @12% per annum on account of injuries suffered by him in a motor vehicular accident on 15.01.2013. He was a student and was pursuing B.Tech from Sukhmani College Derabassi. On the fateful day of 15.01.2013, at about 10:30 A.M. the claimant Kamaldeep Singh was going from his college at Derabassi towards his house at Zirakpur on an Activa Honda Scooter. His friend Arjit was pillion rider. When they reached in front of Kaka Dhaba, near Ghaghar Bridge, Bhankarpur, a car bearing Registration No. PB-65-R-3533 which was being driven by respondent No. 1 came at a fast speed, in a rash and negligent manner from behind and struck against their scooter. As a result, the petitioner/claimant and his friend fell down on the road. The claimant suffered serious injuries. They were taken to GMCH-32, Chandigarh. On the statement of claimant, FIR No. 12 dated 16.01.2013 under Section 279 , 337, 338, 427 of IPC has been registered at Police Station Dera Bassi, SAS Nagar against respondent No. 1. An amount of Rs. 1,00,000/- was spent on medical treatment. He has claimed compensation of Rs.20 lacs under various heads. Hence the claim petition.

3. The claim petition was contested by all the respondents. In the written statement filed by respondents No. 1 and 2, the alleged accident was denied. It has also been denied that the petitioner had spent a sum of Rs. 1,00,000/- on his medical treatment. Infact the petitioner had crossed the car of respondent No.1 and applied sudden breaks to his scooter. He could not control the scooter and fell down infront of the car of respondent No.1. The car even did not touch the scooter of petitioner. The petitioner has created a false and fabricated story in connivance with local police to claim accident compensation. It was prayed that the claim petition may be dismissed with costs.

4. In the written statement filed by respondent No. 3 – Insurance Company, preliminary objections regarding maintainability, non-joinder of necessary parties, cause of action were taken. It was submitted that the alleged accident has not taken place due to negligence of driver of car No. PB-65-R-3533. In fact, the alleged accident has occurred due to the negligence of the claimant himself. The driver of the alleged offending car was not having a valid and effective driving license at the time of alleged accident. On merits, it is submitted that the offending vehicle was being driven in contravention of the terms and conditions prescribed in the policy of insurance as well as in the MOTOR VEHICLES ACT and therefore, respondent No. 3 is not liable to pay any compensation. No intimation regarding the alleged accident was ever given to the answering respondent either by the claimant or by respondent No. 2. Therefore, the claimant is not entitled to any compensation from the answering respondent. Hence, it was prayed that the claim petition may be dismissed with costs.

5. From the pleadings of the parties, following issues were framed by the Tribunal on 24.07.2013:-

(1) Whether Sh. Kamaldeep Singh suffered injuries in an accident which took place on 15.01.2013 at about 10:30 A.M. in front of Kaka Dhaba near Ghaghar Bridge, Bhankarpur on acco