RAMESHRE B VERMA Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) THE appellant original claimant has filed this appeal under Section 173 of the Motor Vehicles Act, 1994 challenging the judgment and award dated 03.11.1998 passed by the learned Judge, Motor Accident Claims Tribunal (Auxiliary) at Ahmedabad in MACP No. 307 of 1990 whereby the claim petition was partly allowed and the respondent Insurance Company was directed to pay to the appellant a sum of Rs.50,500/ - together with interest @ 12% p.a. from the date of the petition till the payment and proportionate cost of the petition. The appellant has claimed compensation of Rs.1,50,000/ - for the injuries sustained by him in a vehicular accident which occurred on 01.09.1990.

(2.) IT is the case of the appellant that respondent No.1, the Director General of Police is the owner of vehicle Police Mobile van bearing registration No. GUD 4153 and the respondent No.2 is the Insurance Company with whom the said vehicle was insured. The claim petition was filed by the appellant and he has produced various documents along with the petition. The respondent No.1 has filed his written statement at Exh. 48 and contended that the driver of the vehicle was driving the said vehicle as per the instructions of the appellant in slow speed and on correct side of the road and at that time, the mob of students were throwing stones and at the place of incidence, there were ditches on the road and hence, the driver of offending vehicle had lost his control over the said vehicle and as a result, the said vehicle had fallen down in the ditch which was on the left side of the road and thus the said accident was taken place. It was, therefore, contended that the appellant was not entitled to get any amount towards compensation. It was further contended in the written statement that since the driver of the offending vehicle was driving the said vehicle as per the instructions of the appellant, the appellant himself was responsible and even on this ground also, the appellant was not entitled to any amount of compensation. The respondent No. 2 Insurance Company filed its written statement at Exh. 16 and inter alia, prayed for dismissal of claim petition.

(3.) THE learned Judge of the Motor Accident Claims Tribunal has examined the entire evidence on record, oral as well as written and after appreciating the rival contentions of the parties as well as the relevant documents, had partly allowed the claim petition and awarded compensation of Rs.50,500/ - along with interest @ 12% p.a. This award is under challenge in the present appeal. There is no dispute about the fact that the respondent Insurance Company has not filed any appeal against the award passed by the Tribunal.