LAWS(CHH)-2019-5-161

TAMESH RAM NAG Vs. MUKESH KUMAR NAGESH

Decided On May 01, 2019
Tamesh Ram Nag Appellant
V/S
Mukesh Kumar Nagesh Respondents

JUDGEMENT

(1.) This appeal filed by the non-applicant no.1/owner-driver under Sec. 173 of the Motor Vehicle Act arises out of the award dtd. 20/12/2013 passed by Motor Accident Claims Tribunal, Uttar Bastar Kanker, C.G. in Claim Case No. 5/2013.

(2.) As per averments made in the claim petition, on 14/6/2012 Mukesh Kumar Nagesh (respondent no.1 herein ) was going along with Tilak Ukey on his motorcycle bearing no.CG1-B-4890 as a pillion rider to his house from the main road Dudhabha, on the way non- applicant no.1 driver-owner of the offending vehicle Tractor bearing no.CG19-G-1689 attached with Trolley bearing no.CG19-G-1847, driving the same in a rash and negligent manner dashed the said motorcycle, as a result of which both Mukesh and Tilak suffered grievous injuries. At the time of accident, offending vehicle was insured with non-applicant no.2.

(3.) On claim petition being filed by the claimant/injured Mukesh Kumar Yadav under Sec. 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs.9,30,000.00 under various heads, the Tribunal considering 25% contributory negligence on the part of the claimant, awarded total compensation of Rs.1,43,400.00 with interest @ 6% per annum from the date of application till realization, fastening liability on the non-applicant no.1 while exonerating the Insurance Company of its liability on the ground of breach of policy conditions as the non- applicant no.1 was not having a valid and effective licence to drive the offending vehicle.