HIGH COURT OF UTTARAKHAND AT NAINITAL A.O. NO. 212 OF 2007 1. State of Uttarakhand through Collector, Nainital. 2. Divisional Forest Officer, Tarai West Forest Division, Ram Nagar, District – Nainital. .....Appellants Versus 1. Nitin Negi @ Vikki (minor), S/o Prithvipal Singh Negi, R/o Village – Laxmipur Bania, P.O. – Chiklia, Tehsil – Ramnagar, District – Nainital through his mother Smt. Pushpa Negi. .........Claimant/Respondent 2. Sri Gauri Sankar, S/o Sri Teeka Ram, R/o Village – Patramppur, P.O. – Bariawala, Tehsil – Jaspur, District – Udham Singh Nagar, Driver Jeep No. UP 02 A 9475. .....Respondents Hon’ble Rajesh Tandon, J. 1. Heard Sri R.C. Arya learned counsel for the appellants and Sri I.S. Mehra, learned counsel for the respondent no. 1. 2. By the present appeal, appellants have prayed for setting aside the judgment and award dated 22.03.2006 by which claimant has been awarded a sum of Rs. 1,20,000/- on the claim petition filed by the respondent no. 1 under section 166/140 of the Motor Vehicles Act. 3. Briefly stated, according, to the claimant on 02.04.2005 injured Nitin Negi, who was accompanied with his friends, was coming from his School Village Tanda, Tehsil Ramnagar District Nainital after giving examination of Class VII to his home. As soon as he reached near Tanda Chauraha at Kashipur – Ramnagar, he has standing on his left side. In hte meantime, one Jeep Car no. UP 02 A 9475, which was coming from Kashipur rashly and negligently, dashed Nitin Negi at about 11.15 a.m. on his back side and Nitin Negi received injuries as a result of which his thigh bone was broken, he has also received injury in the lower part of knee, on the left part of head, grievous injury in the right hand. 4. Nitin Negi was taken for treatment to Ram Dutt Joshi Chiktisalaya, Ramnagar, District Nainital, where he was referred to Kashipur Singh Nursing Home, and therefore he was referred to Vivekanand Hospital and Research Centre, Moradabad where he was admitted from 02.04.2005 to 15.04.2005 was operated and still the treatment is going on. 5. So far as treatment is concerned, the Tribunal has also considered that he requires further treatment. Written statement was filed by the defendant nos. 1, 3, and 4 paper no. 11kha and denying that any accident has taken place. 6. On the pleadings of the parties, the Claims Tribunal has framed the following issues: 1- D;k fnukWd 02-04-2005 dks le; djhc 11-15 cts fnu tc pqVSy fufru usxh vius Ldwy xzke VkWMk ls vius ?kj dks ykSV jgk Fkk vkSj VkWMk pkSjkgs ij dk’khiqj jkeuxj jksM ij Fkkuk jkeuxj ftyk & uSuhrky esa ck;h rjQ dPps esa [Mk gks dj vius nksLrksa ls ckr dj jgk Fkk rks thi la0 ;w ih 02 , ds pkyd }kjk thi dks rsth o ykijokgh ls pykrs gq;s fufru usxh dks VDdj ekj nh ftlls mlds xEHkhj pksVs vk;h \ 2- D;k dfFkr fnukWd] le; o LFkku ij mDr okgu }kjk dksbZ nq/kZVuk ugh gq;h tSlk fd foi{khx.k us vius tckcnkos esa vfHkdfFkr fd;k gS \ 3- D;k ;kphx.k dksbZ izfrdj izkIr djus dk vf/kdkjh gS] ;fn gkW rks fdruk vkSj fdlds }kjk ns; gS \ 7. Claimant has filed the copy of FIR, Driving License, and medical report of Nitin Negi annexed as paper no. 4ga/3, 4Ga/19 and 4Ga/14. Towards oral evidence on behalf of claimant Smt. Pushpalata Negi, Sri Mahanand Bhardwaj and Dr. V.K. Tamta have been examined as P.W.1, P.W.2. and P.W.3. Towards oral evidence on behalf of respondents Sri Gauri Shankar has been examined as D.W.1. 8. PW 1 Pushpalata Negi has submitted that she was present at the spot and she has seen the accident, as she went to take her child Nitin Negi from school, her child Nitin Negi was standing in Kutcha and the offending Jeep dashed her child. Oral evidence has been given by PW 2 Mahanand Bhardwarj and PW 3 Dr. V.K. Tamta. 9. While deciding the issues no. 1 and 2 as to whether the accident has taken place, the Tribunal has considered the statement of PW 2 Mahananad Bhardwaj, who has stated that on 02.04.2005 Nitin Negi @ Vikki aged about 12 years was returning from his school. In the meantime vehicle no. UP 02 A 9475 which was being driven rashly and negligently dashed Nitin Negi. Claimant lodged report at 11.45 a.m. PW 1 Pushpa lata Negi was also examined as ocular witness she has gone to take the Nitin negi from school. On the other hand DW 1 DW 1 Gauri Shankar an employee of Forest Department has denied that any accident had taken place. Considering the facts, the Tribunal has come to the conclusion that the said accident was occurred due rash and negligent driving of Jeep no. UP 02 A 9475. 10. While deciding issue no. 3 with regard to compensation a finding has been recorded that the entire documents have been filed. Driving license of the driver was valid and the accident was not occurred due to technical fault of Jeep. Injuries were medically examined. So far as quantum of compensation is concerned. she has produced medical bill of Rs. 42,996/-, so Tribunal has awarded compensation for medical bill Rs. 50,000/-, for further treatment Rs. 30,000/- for special diet Rs. 10,000/- for his studies Rs. 15,000/- and Rs. 15,000/- for agony. In total Rs. 1,20,000/- has been awarded, therefore, awarded amount does not warrant for any interference by this Court. 11. Appeal lacks merit and as such, is dismisses. (Rajesh Tandon, J.) 14.02.2008 SKS