JAGDISH GUPTA Vs. BHUNESHWAR SAHU @ ODIYA

JUDGEMENT

(1.) As both these appeals arise out of the same award dated 19.1.2007 passed by the III Additional Motor Accident Claims Tribunal, Bilaspur (hereinafter referred to as "Tribunal") in claim case No. 51/06, they are being disposed of by this common order. Brief facts of the case are that on 23.4.2004 when the claimant was going to his workplace on his bicycle, he was dashed by a tractor-trolley bearing registration No. CG 11 ZC 2553 and CG 11 ZC 2554 respectively (hereinafter referred to as "offending vehicle"), which at the relevant time was being owned by non-applicant No. 2 Shyam Sunder Rathore, rashly and negligently driven by non-applicant No. 1 Bhuneshwar Sahu and duly insured with non-applicant No. 3 United India Insurance Co. Ltd. As a result thereof, the claimant sustained number of grievous injuries, including injuries on his right leg, private part, hip and hand.

(2.) A claim case was filed by the injured-claimant for compensation of Rs. 15.20 lacs, inter alia, pleading that at the time of accident he was working as helper with Prakash Sponge Iron, was earning Rs. 4,200/- per month, was aged about 25 years, on account of accident caused due to rash and negligent driving of the offending vehicle, he has suffered 40% permanent disability and therefore, is entitled for compensation as claimed.

(3.) The respondents/driver & owner of the offending vehicle filed their written statements and contested the case on the ground that the accident occurred when the claimant was forcibly trying to board the tractor-trolley and suddenly fell down and as such, there was no negligence on the part of the driver. The insurance company while contesting the case took a specific defence that it is the claimant who was responsible for the accident as he was riding his bicycle on the mid of the road and as such, he was contributory negligent in causing the accident.