ASHOK KUMAR DATTO CHOUDHARY Vs. SHANKERLAL

JUDGEMENT

(1.) THIS appeal is directed against the award of the Motor Accidents Claims Tribunal, Durg, in Claim Case No. 21/98, dated January 6,1998.

(2.) CLAIMANT Ashok Kumar Datto Choudhary was Head Constable in Central Industrial Security Force Unit, stationed in Bastar District. On 25-6-1996, he was going from Bacheli to Raipur in bus bearing Registration No. MP-26-C-5418. Truck bearing Registration No. CPR 9983, driven by Shankerlal rashly and negligently, came from the opposite direction and struck against the bus resulting in grievous injury on the right arm of the claimant. He was admitted in Bhilai Hospital where his right arm was amputated. Thus the appellant incurred permanent disability. Claim was filed before the Tribunal for Rs. 5,5000. 00 with interest at the rate of 18% per annum.

(3.) DEFENCE taken is that the driver of the truck was not responsible for the accident which was caused by the driver of the bus and the claimant must have realised the amount from the Government for his treatment; there was violation of the terms and conditions of the policy, therefore, it was not liable to pay the compensation.