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Showing contexts for: SONEPAT in 16316 Bijender vs Ajmer Singh Page 1 Of 22 on 12 September, 2018Matching Fragments
1. Present claim petition has been preferred under Section 166 and 140 of Motor Vehicles Act, 1988 (hereinafter referred to as 'the M.V. Act') claiming compensation for a sum of Rs.50,00,000/ (Rupees Fifty Lakhs Only) in respect of accidental injuries of Sh. Bijender S/o Late Dharam Singh in a motor vehicular accident.
2. Brief facts of the case as mentioned in the petition are that on 01.03.2014 at about 6:30 am, the petitioner was going to fetch water from a water tank on foot. When he reached at G.T. Road, Larsholi, Murthal, Sonepat, Haryana, then a motorcycle bearing registration no. HR33D0438 (hereinafter referred to as offending vehicle ) which was being driven by its driver/R1 at a very high speed, in rash and negligent manner, came from back side and hit the petitioner/injured. Due to said impact, the petitioner fell down on road and sustained grievous injuries i.e. fracture D12 with Paraplegia with both bone. Petitioner was admitted in General hospital, Sonepat where his MLC was prepared by the doctor. It has been stated that due to serious condition, petitioner was referred to Pt. B.D. Sharma, Post Graduate Institute of Medical Science Rohtak where he remained hospitalized from 01.03.2014 to 28.03.2014. The FIR no. 48/14 PS Murthal, Sonepat, Haryana was registered u/s 279/337 IPC.
5. From the pleadings of the parties, the following issues were framed vide order dated 15.03.2018 :
1. Whether on 01.03.2014 at about 6:30 am, at G.T. Road, Ladsoli, Murthal, District Sonepat, Haryana, one motorcycle bearing registration no. HR33D0438, which was being driven rashly and negligently by Ajmer Singh, hit Bijender and caused injuries to him? OPP
2. Whether petitioner is entitled to compensation, if so, to what amount and from whom? OPP
7. Issue wise findings are as under: Issue No.1 The onus of proving this issue beyond preponderance of probabilities is on the petitioner.
The petitioner/injured has examined himself as PW1. He has proved his evidence by way of affidavit as Ex. PW1/A. He has proved his discharge summary as Ex. PW1/1, original disability certificate as Ex. PW1/2, original OPD cards as Ex. PW1/3 (colly), original medical bills as Ex. PW1/4 (colly) and election identity card as Ex. PW1/5. As per Ex. PW1/5, the address of petitioner was of Delhi i.e. 306, E Block, Agar Nagar, Prem NagarIII, Kirari Suleman Nagar, Delhi. He has deposed in his evidence by way of affidavit Ex. PW1/A that on 01.03.2014 at about 6:30 am, he was going to fetch water from a water tank on foot. He deposed that when he reached at G.T. Road, Larsholi, Murthal, Sonepat, Haryana, then a motorcycle bearing registration no. HR33D0438 (offending vehicle) which was being driven by its driver/R1 at a very high speed, in rash and negligent manner, came from back side and hit him. He deposed that due to said impact, he fell down on road and sustained grievous injuries i.e. fracture D12 with paraplegia with both bone. He deposed that he was admitted in General hospital, Sonipat where his MLC was prepared by the doctor and he was referred to PGIMS Rohtak where he remained hospitalised from 01.03.2014 to 28.03.2014.
Issue no. 1 is accordingly decided in favour of the petitioner and against the respondents.
8. Issue no. 2.
In view of findings on issue no.1, the petitioner is entitled to compensation.
Petitioner has filed his evidence by way of affidavit as Ex. PW1/A. He deposed that he sustained grievous injuries i.e. fracture D12 with paraplegia with both bone and other multiple injuries. He deposed that after the accident he was admitted in General hospital, Sonepat, Haryana where her MLC was prepared and thereafter he was referred to Pt. B.D. Sharma, Post Graduate Institute of Medical Science, Rohtak where he remained admitted w.e.f 01.03.2014 to 28.03.2014.