SHRIRAM GENERAL INSURANCE CO. Vs. SUBHAS SINGH

JUDGEMENT

(1.) This Misc. Appeal under Section 173 of Motor Vehicles Act, has been filed against the award dated 7-4-2017 passed by Vth Additional Motor Accident Claims Tribunal, Morena in Claim Case No. 450/2015.

(2.) The present appeal has been filed by the Insurance Company whereas the respondent no. 3 has filed his cross objection. The respondent no.3 has valued his cross objection at Rs.3 lacs, however, has not paid the Court Fee. Even the Counsel for the respondent no.3 did not pray for time to pay the Court Fee. Therefore, the Cross objection filed by the respondent no.3 is dismissed on the ground of non-payment of Court Fee.

(3.) The necessary facts for disposal of the present appeal in short are that the respondent no.3 filed a claim petition under Section 166 of Motor Vehicles Act, on the averment that on 3-7-2015, he was going to his matrimonial house along with his brother Jeetu on a motor cycle. He was driving the motor cycle cautiously. When he reached near the police outpost Mevada, the driver of the offending truck bearing registration no. RJ 11/G.A. 0215, by driving the vehicle in a rash and negligent manner, dashed the motor cycle of the respondent no.3, as a result of which he sustained grievous injuries on his right elbow, wrist, left knee, face, jaw and on other part of the body. The respondent no.3 was shifted to hospital. An FIR was lodged and accordingly, the police registered offence in crime no. 68 / 2015 for offence under Sections 279 , 337 of IPC.