NATIONAL INSURANCE COMPANY LIMITED Vs. SUDHAKAR

JUDGEMENT

(1.) THIS appeal by the National Insurance Company Limited is directed against the award dated 29-11-1999 passed by the Additional Motor Accident Claims Tribunal, Burhanpur in Claim Case No. 56 of 1997.

(2.) THE claimant (respondent No. 1) is an employee of Bahadurpur Cotton Mill. He was earning Rs. 3000. 00 per month. On 4-5-1997, he was along with his wife going to Shahpur in a tempo bearing No. M. P. /12/6177. Truck bearing No. M. P. /9/t/715 owned by the respondent No. 3 and driven by him, coming in excessive speed hit the tempo. The claimant sustained injuries in right shoulder and his left hand was fractured. The matter was reported to the police.

(3.) A claim petition was filed by the claimant before the Claims Tribunal alleging that the accident occurred due to rash and negligent driving of the truck by the respondents 2 and 3. It was alleged that due to the accident, the left hand of the claimant became disabled; therefore, he was entitled to compensation in the sum of Rs. 4,00,000. 00. The respondents 2 and 3 did not appear before the Tribunal nor filed their reply. The Tribunal therefore proceeded exparte against the respondents 2 and 3 and the appellant contested the claim on all available grounds. Defence taken is that the driver of the truck was not holding a valid driving licence and, therefore, the appellant is not liable to pay the compensation. All these contentions were examined by the Claims Tribunal which ultimately gave an award of compensation of Rs. 1,15,000. 00 with interest at the rate of 8% per annum assessing the disability of the claimant to the extent of 25%.