MANOJ KUMAR Vs. KHADER ZILANI

JUDGEMENT

(1.) This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act , for short) has been filed by the claimant against the judgment dated 20.06.2012 passed by the Motor Accident Claims Tribunal seeking enhancement of compensation.

(2.) Facts giving rise to the filing of the appeal briefly stated are that on 18.06.2009, the claimant was traveling from Galikote to Ujare along with household moveables and other goods as owner of the goods in a goods vehicle bearing registration No.KA-18 A-558. When the vehicle was proceeding on Ilakal-Kustagi Highway near Kadekoppa cross at 1.30 a.m., the driver of the aforesaid goods vehicle drove the same in a rash and negligent manner with an intention to overtake another vehicle and the goods vehicle turned turtle. As a result of which, the claimant and the cleaner of the vehicle sustained grievous injuries.

(3.) The claimant thereupon filed a petition under Section 166 of the Act claiming compensation on the ground that the accident took place solely on account of rash and negligent driving of the driver of the goods vehicle. It was further pleaded that the claimant, in the aforesaid accident, has sustained permanent disability and therefore, he is entitled to compensation on account of injuries sustained by him in the accident. The Insurance Company, in the statement of objection inter alia, pleaded that the driver of the goods vehicle did not have a valid and effective driving licence. However, it was admitted that the offending vehicle was insured with the Insurance Company. Therefore, the Insurance Company pleaded that the claim petition be dismissed. The respondent No.3 filed statement of objections denying the averments made in the claim petition. The mode and manner of the accident as well as the age and avocation of the claimant was also denied.