LAWS(SC)-2011-11-91

MANOJ RATHAUR Vs. ANIL RAHEJA

Decided On November 02, 2011
MANOJ RATHAUR Appellant
V/S
ANIL RAHEJA Respondents

JUDGEMENT

(1.) Leave granted. The Appellant is aggrieved by dismissal of the appeal filed by him under Section 173 (1) of the Motor Vehicles Act, 1988 (for short, 'the Act') against award dated 14.5.2009 passed by the Third Additional Motor Accidents Claims Tribunal, Gwalior (for short, 'the Tribunal') in Claim Case No. 184 of 2008.

(2.) In an accident, which occurred on 25.8.2007, the Appellant sustained fracture in his right thigh. He was operated upon by Dr. Suresh Chand Bandil, AW 2, and a steel rod was inserted in his thigh.

(3.) In the claim petition filed by him under Section 166 of the Act, the Appellant prayed for award of compensation to the tune of Rs. 8,50,000 with interest at the rate of 18 per cent per annum. He pleaded that the accident was caused due to rash and negligent driving of tractor No. MP 07-HA 7334 by Anil Raheja, the Respondent No. 1, and as a result thereof, he had suffered permanent disability in his right thigh and was not able to do the work of salesman, which he was doing before the accident. In the written statement filed on behalf of insurance company, Respondent No. 3, it was pleaded that the accident was not caused due to rash and negligent driving of the tractor and, in any case, the insurer was not liable because Respondent No. 1 was driving the tractor in violation of the conditions of policy and without having valid driving licence.