PRAHLAD Vs. ABDUL REHMAN

JUDGEMENT

(1.) THIS appeal is directed against the award of Motor Accident Claims Tribunal, Ratlam, dated 4-4-1994, Claim Case No. 22/92.

(2.) ACCIDENT took place on 16-8-1990 at 11 a. m. when claimant was going from Kamed to Ratlam on motor-cycle with his friend as pillion rider. The motor-cycle was being driven slowly and carefully but tempo No. M. O. U. 4051 driven rashly and negligently hit the motor-cycle. As the result of this accident they fell down. The right foot was hit by the tempo as a result of which compound fracture was caused. He was taken to hospital at Ratlam where he stayed for 2 1/2 months and then to hospital at Ahmedabad where he remained for 1 1/2 months. Three operations were performed on him, leg plastered for long time still the claimant is suffering the impact of accident. Facts stated have been disputed by the other side. The tempo driver was driving it without permission nor he had valid licence to do so. Insurance Company was not informed about the taking place of accident and submissions of damage report. Similarly the motor-cycle driver had no driving licence nor the Insurance Company to with which it was insured has been impleaded party to the case in the absence of which claim is not entertainable.

(3.) CLAIMS Tribunal found that accident took place on 16-8-1990 when tempo No. M. O. U. 4051 driven rashly and negligently hit the claimant resulting in permanent disablement. Other defences taken by the Insurance Company have been rejected. Ultimately, compensation of Rs. 42,000/- has been awarded carrying interest at the rate of 12% from the date of application till payment.