AZEEM Vs. BADRI PRASAD

JUDGEMENT

(1.) ON 16-6-1990 when the claimant was going towards Adhartal Police Station from his house, truck No. M. P. K. 8965, driven rashly and negligently by the driver, hit the knee of his left leg, as a result of which his leg broke. The case was registered under Sections 279/337 of the Indian Penal Code. The claimant was admitted in the hospital where skin grafting was undertaken. He was helping his father in pushing the hand-cart. Claim for Rs. 2,78,000/- has been made.

(2.) THE respondents have stated that the claimant suffered minor bruises and was treated only for a day. He was not earning anything nor he has suffered permanent disablement. The truck was driven slowly and carefully, but the claimant was driving the cycle rashly as a result of which he struck against the truck, fell down and suffered injuries.

(3.) THE Insurance Company has disputed responsibility for payment of compensation. It is stated that the cart was being driven without permission and the driver of the truck did not possess valid driving licence.