TOOFAN @ KARU PORTE Vs. JASWANT SINGH

JUDGEMENT

(1.) By this appeal, the appellant has assailed the impugned award dated 30.04.2013 passed by the learned Motor Accident Claims Tribunal, Durg, district Durg (for short, 'the Tribunal') in Claim Case No. 36 of 2012 wherein the Tribunal has partly allowed the claim application filed by the appellant and awarded a total sum of Rs.25,000/- in an injury case.

(2.) Brief facts for disposal of this appeal are that on 29.11.2010 at 11 am appellant was selling some Ayurvedic medicines in front of his house, near Rukhmini Dharamkanta, Chhawani, district Durg. At that relevant time, Jaswant Singh, respondent- 1, driver of the truck bearing No.CG13- D-1110 (for short, 'offending vehicle') drove the offending vehicle rashly and negligently and dashed the appellant in which he sustained grievous fracture injuries. He sustained fracture injuries on his left femur bone apart from injuries on other parts of the body. The accident was reported to Police Station Khursipar, district Durg. On account of aforementioned injuries, appellant filed claim application before Claims Tribunal claiming Rs.6,50,000/- as compensation.

(3.) Respondent- 1 driver and respondent- 2 owner submitted their reply to the claim application and denied the fact of accident by the offending vehicle. It was further pleaded that driver was having a valid and effective driving license to drive the offending vehicle and all relevant certificates and documents for plying the said vehicle on road were available with them. It was also pleaded that on the date of accident the vehicle was insured with respondent- 3, Cholamandalam Insurance Company and therefore, liability if any for payment of compensation would be on the Insurance Company.