UNITED INDIA INSURANCE COMPANY Vs. BRIJKISHORE JATAV

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed assailing the award dated 17th December, 2004 passed by 2nd Motor Accident Claims Tribunal, Gwalior in Claim Case No. 55/2004.

(2.) On 20th January, 2004 the claimant was driving a truck bearing registration No. M.P. 06/E-2161 which was loaded with the gas cylinder coming from Guna to Morar and when the said truck reached near Bus Stand Mohana, truck bearing registration No. M.I.H. 7833 coming from opposite direction driven by Respondent No. 1 dashed the said vehicle in a wrong side from in front. The claimant received various injuries and suffered fracture in right and left legs. The report of the said incident was lodged in the Police Station, Mohana by the injured. Due to the said injuries, he suffered permanent disability. A claim petition was filed by the Appellant seeking compensation to the tune of Rs. 3,85,000/-.

(3.) The Insurance Company by filing the written statement has denied the allegations made in the claim petition and raised the objection that the injured was not having a valid driving licence on the date of accident. It is also submitted that it is not a case of rash and negligence of the Respondents and the injured is also responsible for the accident as apparent from spot map Ext. D/8 and photographs Ext. D/9 and D/10. In such circumstances, the claim petition filed by the claimant is liable to be dismissed.