MADAN LAL LUNAWAT Vs. NAJRMI AGENCIES AND OTHERS

JUDGEMENT

(1.) This is an appeal by the claimant against the award dated 10.01.2002, passed in Claim Case No.62/2000, passed by the Additional Motor Accidents Claims Tribunal, Dhamtari, whereby as against the claim of Rs.23,85,000/-, an award for an amount of Rs.2,85,000/- is passed.

(2.) Brief facts of the case as was pleaded by the claimant was that on 23.01.2000, the appellant was travelling on his CLO car bearing No. M.P.-23L-7315 with his family from Dhamtari to Nagpur to attend a marriage ceremony. At the relevant time, the car was being driven by the claimant himself at a moderate speed. It was stated that when the claimant reached near village Saundar, at that time, the vehicle of make Tata Truck Explosive vehicle, bearing No. M.P.-26B-1929, owned by the non-applicant No.1, driven by Nagendra Singh, the respondent No.2, in a rash and negligent manner dashed the said CLO Car. It was stated that by such impact of accident, the car was completely damaged and the claimant/appellant sustained severe injuries and multiple fracture was caused which were of bones of the wrist, right leg, pelvic girdle etc. It was further stated that the claimant was immediately taken to Nagpur and was admitted to the Central Avenue Hospital, Nagpur for immediate treatment and the claimant was operated for shoulder and at knee by nailing and plating. It was further stated that considering the conditions, the claimant was taken to Bombay hospital at Mumbai, wherein he was again operated and major operation was performed. It was stated for such treatment, the claimant was admitted in the hospital for a period from 30.01.2000 to 29.03.2000 for almost about three months. It was stated that because of the accident, the entire waist, pelvic girdle was replaced and for that he was completely bedridden. It was contended in the petition that the appellant/claimant was earning an amount of Rs.2,61,000/- per year as his income from his business i.e. hire purchase, film distribution and business of forest produce etc. It was stated that due to such accident, the claimant sustained complete disablement and he was not able to perform his job and was not in a position to run his business, with all potentiality, therefore, on different heads, an amount of Rs.23,85,000/- was claimed.

(3.) The owner and the driver of the truck M/s. Najmi Agencies, respondent No.1 and Nagendra Singh, the respondent No.2 remained ex-parte before the Tribunal. No reply was filed. The claim was resisted by the respondent No.3 i.e. New India Insurance Company, the insurer of the truck bearing No.M.P.-26-B-1929 (hereinafter referred as offending vehicle). It was stated that at the time of accident, the driver of the offending truck was not holding a valid driving license and therefore, the breach of policy of the insurance was committed and as such the insurance company disowned the liability and prayed to exonerate them from payment of compensation. It was further stated that the claimant was not holding a valid driving license and was not capable to drive the vehicle.