DEVENDRA GUPTA Vs. MANOJ KUMAR YOGI

JUDGEMENT

(1.) This miscellaneous appeal under Section 173 of Motor Vehicles Act has been filed against the Award dated 7th March, 2019 passed by Fourth Motor Accident Claims Tribunal, Shivpuri in Claim Case No.500100/2016, by which an award of Rs.1,77,264/ has been passed in favour of the respondent No.1 /claimant.

(2.) Challenging the award passed by the Claims Tribunal, it is submitted by the counsel for the appellant that in fact, the tractor was falsely implicated which is evident from the fact that the number of the tractor was not mentioned in the FIR.

(3.) The necessary facts for disposal of the present appeal in short are that the respondent No.1 filed a claim petition under Section 166 of the Motor Vehicles Act on the allegation that on 23/11/2015 he was going along with his brother on his motorcycle from Malhavni to Parua. The moment he reached on Dinara - Pichhore Road, at that time, the driver of the tractor bearing registration no.MP-33-AA-6606 by driving the tractor, in rash and negligent manner, dashed the motorcycle from front, as a result of which he fell down from the motorcycle and sustained grievous injuries. On the report of the respondent No.1, the police registered Crime No.470/2015 for offence under Sections 279 and 337 of IPC. It is further submitted that the respondent No.1 was taken to Maharani Laxmi Bai Hospital, Jhansi and considering his serious condition, he was taken to Gokuldas Hospital, Indore where stitches were given and it was found that the respondent no.1 has suffered fracture of tibia and fibula bone. On 09/12/2015, the rod was inserted, however, because of complication, another operation was conducted on 23/12/2015 and the respondent remained hospitalized from 25/11/2015 to 06/1/2016. It was pleaded that because of injuries sustained by respondent No.1, he can not walk properly and he requires an assistant. The respondent No.1 has suffered a permanent disability.