KALYAN SINGH Vs. NEW INDIA ASSURANCE COMPANY LTD.

JUDGEMENT

(1.) This appeal by the claimant is directed against a judgment and award passed by the Motor Accident Claims Tribunal/ 8th Additional District Judge, Etawah dated the 29/11/1997, rejecting Motor Accident Claims Petition No.107 of 1995.

(2.) According to the claimant-appellant, Kalyan Singh (for short, 'the claimant') on 27/11/1994 at about half past six in the evening hours, rode out on his scooter from an alley on to the Municipal Bypass, connecting the Highway. A mini truck, bearing registration No. UHK-300, driven negligently and at a high speed, without sounding horn, approached from Auraiya end of the road and hit the claimant's motor scooter. The collision led the claimant to lose the little finger of his left hand, that was crushed, broken and severed. The mini truck sped away towards Agra. The claimant was conveyed to the District Hospital. The claimant went to Police Station Kotwali to lodge a report on 11/1/1995, but the Police refused to register the case citing the delay. Thereupon, on 12/1/1995, the claimant sent a written information by registered post to the Senior Superintendent of Police, Etawah, which was a typed written document. It is the claimant's case that if the truck driver had not been negligent and observed rules of the road, the accident would not have happened and the claimant spared the deprivation of a digit of his hand. The deprivation has led the claimant to suffer from a feeling of inferiority complex and his capacity to work has diminished. Accordingly, the claimant instituted the present claim petition, asking for a compensation in the sum of Rs.2,29,000.00. He also sought interim relief in the sum of Rs.20,000.00.

(3.) A written statement was filed by one Shamim Begum, the owner of mini truck, bearing registration No. UHK-300, resisting the claim. Shamim Begum was impleaded as opposite party No.1 to the claim petition and is arrayed as respondent No.2 to this appeal. She will hereinafter be called 'the owner'. It was asserted in the owner's written statement that the offending truck was insured with The New India Assurance Company Ltd. vide Cover Note No. 169379, comprehensively. The insurance was valid from 21/1/1994 to 20/1/1995. The obligation to make good the compensation, therefore, rests with the aforesaid Insurance Company. It has been pleaded that on 27/11/1994, no crime was reported at Police Station Kotwali. The claimant has not fractured his finger in the so called motor accident. It was denied that the claimant earns a sum of Rs.5000.00 per month. He has suffered no loss of income. The mini truck was being operated carefully and according to the rules. Even if the compensation be held payable, the burden would go to the Insurance Company, considering that the offending truck was insured on the date of the accident. According to the owner, the claim petition deserved to be rejected.