HAROON ABDUL MAJID PADA Vs. PRATAPSINH PUNJABHAI BARIA

JUDGEMENT

(1.) ORIGINAL claimant of MACP No. 1051 of 1984 filed before MACT [Auxi.] Kheda at Nadiad has preferred this appeal under Section 110 -D of the Motor Vehicles Act for seeking enhancement of the compensation awarded by the Claims Tribunal by judgment and award dated 10th February, 1992. The Tribunal has awarded a sum of Rs.33,200=00 against the claim of Rs.50,000=00. In the present appeal, additional compensation of Rs.16,800=00 is claimed.

(2.) THE appellant on the date of the accident i.e. 21st February, 1984 was travelling in a tempo bearing registration no. GRW 1073 along with his goods. He was doing business of sale of fruits. The tempo was travelling from Mehsana and was going to Godhra. When it reached village Sevaliya it collided with S.T. bus bearing registration no. GRW 6844. As a result of the same, the appellant suffered injuries on the leg. He was initially treated at local Primary Health Center and thereafter he was shifted to Godhra hospital and subsequently to SSG hospital at Vadodara on 21st April, 1984. At first instance, he was kept as an indoor patient for nine days and thereafter on the second occasion for five days. As a result of the injuries suffered by the appellant there was shortening of the leg by 0.7" inches. He, therefore, preferred the aforesaid claim petition for seeking compensation.

(3.) ORIGINAL opponents no. 1 and 2 resisted the claim by filing written statement at Exh. 23. They denied the averments made in the claim petition. According to them the driver of the the ST bus was not negligent. They threw the blame on the driver of the tempo in which the appellant was travelling. Original opponents no. 3 and 4 did not resist the claim whereas, original opponent no. 4 United Insurance Co. Ltd., the insurer of the tempo resisted the claim by filing written statement at Exh. 47. It was contended that there was no valid insurance in existence in respect of tempo in question. It was prayed that the insurance company be exonerated.