RAMDHEEN SAHU Vs. THANURAM

JUDGEMENT

(1.) This appeal has been filed by the owner and driver of the Tractor against the impugned award dated 26-4-2008 passed by VII Additional Motor Accident Claims Tribunal Raipur, Distt. Raipur (C.G.) in Claim Case No. 69/2006 so far as it relates to quantum and fastening liability on the owner and driver as the Insurance Company has been exonerated from its liability to pay compensation.

(2.) Brief facts of the case as per the version of the claimant/injured are that on 3-6-2005 he was traveling between village Sursabandha and Shyamnagar by sitting in Tractor & Trolley bearing Regn. No. CG. 04-ZG/8392 and CG. 04-ZG/8393 respectively. On the way at about 11.30 p.m. when the said vehicle was being driven by appellant No. 2 Tarachand in a rash and negligent manner, the claimant injured who was sitting over the bags containing paddy in the trolley fell down and sustained various injuries/fractures on the body of his person due to which he became permanently disabled to the extent of 90%. The injured/claimant has filed claim petition u/S. 163-A of the Motor Vehicles Act claiming compensation to the tune of Rs. 8,05,000/- on various heads.

(3.) The Tribunal has held that due to rash and negligent driving of the said Tractor and Trolley by appellant No. 2, the claimant fell down and became permanently disabled on account of grievous injuries/fractures sustained by him; there was breach of policy conditions and appellant No. 2 was not having valid and effective driving license. It has awarded a total compensation of Rs. 3,49,200/- which the claimant is entitled to receive from the non-applicants jointly and severally.