MOHD SHAN KHAN Vs. JAHANAT KHAN

JUDGEMENT

(1.) THIS appeal has been preferred under section 173 of the Motor Vehicles Act, 1988, (in short the Act) against the Judgement and award dated 16 -122003 passed in MACT case no. 94 of 2000 Mohd. Shan Khan Vs. Jahanat Khan & another by the Motor Accident Claims Tribunal/Addl. District Judge/Ist F.T.C. Haldwani District Nainital (in short the 'Tribunal') whereby the learned Tribunal has allowed the claim petition and has awarded Rs. 17,836/ - as compensation In favour of the appellant against respondent no.2 In case the amount is not deposited by respondent no. 2 with in one month then the respondent no. 2 will pay 7% per annum interest from the date of claim petition till it is realized.

(2.) THE brief facts of the case are that on 23 -05 -1999 truck no. UTI 6315 in which the appellant was traveling as cleaner was coming from Bareilly towards Haldwani. When the truck reached near Devrania the truck driver to save one cyclist and due to the failure of steering the truck collided with a tree. The appellant and the driver of the truck sustained serious injuries. The appellant was taken to the Government Hospital, Baheri in serious condition where he was given first aid looking to the seriousness of the injuries the appellant was referred to Srivastava Fracture Clinic & Orthopaedic Centre, Bareilly where the appellant was given treatment for a long period and the appellant has spent Rs. 30,000/ - towards treatment. The appellant at the time of accident was cleaner of the truck and was earning Rs. 2,000/ - per month. Due to the injuries sustained by the appellant he could not work for long time and the appellant claimed a compensation of Rs. 3 Lacs.

(3.) THE respondent no.1 in his written statement admitted that he is the registered owner of truck no. UTI 6315 and the appellant was the cleaner of the truck. On the date of accident the truck was being driven with legal documents and driving license. The truck was insured with respondent no. 2 M/s National Insurance Company ltd., which is liable to pay the compensation to be awarded.