ORIENTAL INSURANCE CO. ALLD. Vs. PRAMOD KUMAR SRIVASTAVA

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the respondent-claimant. Despite notice, none has appeared for the owner.

(2.) This appeal challenges the judgment and order dtd. 2/2/2000 passed by Special Judge/Motor Accident Claims Tribunal, Kanpur Dehat in M.A.C.P. No. 100 of 1992 filed by one Pramod Kumar Srivastava, (respondent-claimant herein) whereby the Tribunal awarded a sum of Rs.1,00,000.00 with interest at the rate of 12% as compensation to the claimant.

(3.) The factual scenario urged by the claimant was the driver of tempo being No. CIW 6668. Break of the said tempo failed and, therefore, the claimant along with one other person was rolling the tempo slowly. At that point of time, one truck being No. HYM 7245 which was being driven rashly and negligently by its driver dashed the claimant which caused multiple injuries to the injured claimant. He had to be hospitalized. He had suffered multiple fractures. He was admitted in Madhuraj Nursing Home. He had claimed a sum of Rs.1,50,000.00 for the tortuous act of the respondent. None appeared for the owner. As far as Insurance Company and the driver are concerned, they filed their reply of negativity and contended that it was the claimant who himself was negligent.