ROOP SINGH BAGHEL Vs. SANJEEV KUMAR SONWANI

JUDGEMENT

(1.) The appeal is against the award dated 7/07/2012 passed in Claim Case No.05/2011 by the First Additional Motor Accident Claims Tribunal, Bastar at Jagdalpur whereby award of Rs.70,000/- was passed in favour of the claimant.

(2.) Briefly stated facts are that Roop Singh Baghel filed a claim petition on the ground that he was travelling in a motorcycle bearing No. C.G.17 K 8840 as a pillion rider and was going from Jagdalpur to his village Madhota. It was contended that when they reached near village Parchanpal at that time Pickup Van which was coming from Raipur bearing No.C.G. 04 JA/5902 driven in a rash and negligent manner came to the wrong side and dashed the claimant Roop Singh Baghel. By such accident, Roop Singh Baghel sustained fracture of both legs and he was initially admitted to Maharani Hospital at Jagdalpur and thereafter at MPM Hospital at Jagdalpur. It was contended that claimant Roop Singh Baghel was working in Chattisgarh Police and because of such accident, he became permanently disabled and was not able to discharge his job and on different heads claim for compensation was made.

(3.) Original non-applicant No.1 driver of the vehicle Sanjeev Kumar Sonwani remained ex-parte. Owner of the vehicle Tarun Kumar Pandey refuted the averments of the claim petition and contended that at the time of accident the driver was having valid and effective licence. It was stated that vehicle was insured with the Oriental Insurance Company Limited original non-applicant No.3 and compensation if any, insurance company was liable to pay the same. The insurance company too denied the averments of the petition and stated that at the time of accident the driver of the offending vehicle did not have the valid and effective licence and therefore there was a breach of policy was committed. He further contended that because of such breach of policy, the insurance company cannot be held liable to make good the payment.