LOKESH Vs. A P DEVI

JUDGEMENT

(1.) This is claimant's appeal questioning the correctness and legality of judgment and award passed by Civil Judge (Sr. Dn.) and MACT, Tumkur in MVC No. 29/1998 dated 27-9-2006 whereunder claim petition came to be allowed in part by awarding a compensation of R.4,29,866/- with interest at 6% per annum from the date of petition till date of payment and insurer has been absolved of its liability and fastening liability on first Respondent/owner.

(2.) A claim petition under Section 166 of the Motor Vehicles Act, 1988 was filed by the Appellant seeking compensation of Rs. 5,00,000/- with interest at 12% per annum contending that on 16-11-1997 at about 6.30 p.m. when he was travelling in a goods vehicle bearing No. TN28 2566 as loader/unloader along with consignment, it met with an accident on account of said lorry being driven in a rash and negligent manner and as such it was contended that claimant sustained crush injury to his left leg amongst other injuries sustained and consequential suffered disability.

(3.) 1st Respondent did not appear and contest the matter and was placed ex-parte. Respondent No. 2 namely insurer alone filed written statement and averments made in the claim petition was denied. It was denied that claimant was working under first Respondent and during the course of his employment accident in question occurred. It was contended that claimant was a minor and was aged 17 years only and as such he was prohibited to be employed under Section 3 of the Child Labour Act and provisions of Child Labour Act was attracted. It was also contended that there was violation of the terms of the policy and on these grounds Insurer sought for dismissal of claim petition. On the basis of pleadings of parties tribunal framed following issues.