SUNIL KUMAR JAISWAL Vs. MANGAL SINGH

JUDGEMENT

(1.) Since both these appeals filed under Sec. 173 of the Motor Vehicles Act, 1988 arise out of the award 12/10/2012 passed by Motor Accident Claims Tribunal, Mahasamund (CG) in Claim Case No.59/2010 awarding total compensation of Rs.3,59,500.00 with interest @ 6% per annum from the date of application till realization, fastening liability on non-applicants No. 1 and 2 jointly and severally, they are being disposed of by this common judgment. The Tribunal exonerated nonapplicant No.3/insurance company on the ground of use of the vehicle for hire and reward as also on the ground of non-applicant No.1 not having a valid and effective driving licence.

(2.) As per claim petition, on 26/8/2009 injured claimant Sunil Kumar was telephonically informed by his friends about theft of vehicle Bolero bearing No. CG 04 HA 7457 in front of office of Life Insurance Corporation. Thereupon the injured claimant reached the spot and tried to stop the said vehicle being driven by non-applicant No.1 Mangal Singh but due to rash and negligent driving of the vehicle, the claimant suffered grievous injuries on his hand, legs, abdomen, liver, eyes and face. At the time of accident, the said vehicle was owned by nonapplicant No.2 and insured with non-applicant No.3.

(3.) On claim petition being filed by the injured claimant under Sec. 166 of the Motor Vehicles Act, the Tribunal considering the evidence led by the parties passed an award as mentioned above.