SHIV PRASAD NIRMALKAR Vs. BHURI BAI NISHAD

JUDGEMENT

(1.) This appeal is preferred by the appellant/owner-cum-driver of Truck bearing No. CG04 G 9549 under Section 173 of the Motor Vehicles Act, 1988 against the award dated 02/08/2014 passed by Additional Motor Accident Claims Tribunal Bhatapara (C.G.) in Claim Case No. 28/2012 awarding total compensation of Rs. 1,33,180/- with interest @ 6% per annum from the date of application till realization, fastening liability 50% on the appellant/non-applicant No. 1 and remaining 50% on nonapplicant No. 3/Chandra Prakash Satnami Driver of Auto Rikshaw bearing No. CG04 T 9676 & non-applicant No. 4/Rajendra Kumar Kurre, Owner of Auto Rikshaw jointly and severally. Learned Tribunal while exonerating the Insurance Company of its liability on ground that at the time of accident non-applicant/appellant not having a valid and effective driving license.

(2.) As per averments in the claim petition, claimant injured Bhuri Bai Nishad on 20/02/2012 at around 09:30 PM, aged about 45 years, earning Rs. 4,500/- per month working as Labour. Bhuri Bai Nishad alongwith one Urmila Bai was going to village Tora from village Damakheda sitting in Auto Rikshaw bearing No. CG04 T 9676, at the time of accident Auto Rikshaw was driven non-applicant No.3/Chandra Prakash Satnami with a moderate speed. Non-applicant No. 1 driving the Truck (offending vehicle) bearing No. CG04 G 9549 rashly and negligently dashed Auto Rikshaw and as a result of this accident the claimant suffered grievous injuries and got fractured on right leg and she was admitted in hospital for 15 days at Govt. Hospital Simga and thereafter at Narayan Hospital, Raipur. At the time of accident offending vehicle Truck was owned by Non-applicant No. 1 and insured with non-applicant No. 2. Auto Rikshaw was driven by non-applicant No. 3/Chandra Prakash Satnami, owned by nonapplicant No. 4/Rajendra Kumar Kurre and insured with nonapplicant No. 5.

(3.) On claim petition being filed by the claimant injured under Section 166 of the Motor Vehicles Act 1998, the Tribunal considering the evidence led by both the parties passed an award as mentioned above.