MAHESH PRASAD MISHRA Vs. MOHD. YASEEN

JUDGEMENT

(1.) Present appeal has been filed by the appellant claimant being aggrieved against the impugned judgment and award dated 27.5.2003 passed by the Motor Accident Claims Tribunal/Additional District Judge, Allahabad in MACP No. 461 of 1999 (Mahesh Prasad Mishra vs. Mohd. Yaseen & Others) awarding compensation to the tune of Rs. 1,32,000/- alongwith interest at the rate of 8% per annum to the appellant claimant inter-alia on the ground that compensation awarded by the Tribunal is inadequate and also that the Tribunal has not calculated the compensation as contemplated in law.

(2.) Brief facts giving rise to the present appeal are that on 1.5.1999 at about 1:30 P.M. on G.T. Road near the gate of Block-Bahadurpur, appellant claimant Mahesh Prasad Mishra met with an accident with a jeep bearing registration No. U.P. 70 G- 2020, which was driven by its driver in a rash and negligent manner. On account of said accident appellant claimant has sustained grievous injuries (compound fracture in left leg) causing permanent disability. At the time of accident, said jeep was insured with the respondent-Insurance Company. FIR of the said accident was lodged at Police Station-Sarai Inayat, Dist-Allahabad. After investigation in the case, police has submitted the charge-sheet No. 268 of 1999 under Sections-279, 338 of IPC against the driver of the said jeep.

(3.) The owner of the said jeep has pleaded that the accident in question had not occured due to rash and negligent driving of the driver of the jeep and in any view of the matter since at the time of accident driver was having a valid driving license and the said jeep was duly insured with the respondent-Insurance Company liability was on the Insurance Company.