MOORA BAI Vs. NASIR ALI

JUDGEMENT

(1.) THIS is an appeal by the claimant -injured against the Award dated 21.9.88 passed by the Vth Additional Motor Accident Claims Tribunal, Indore in Claim Case No. 175/87, whereby the learned Tribunal has awarded Rs. 7, 720/ - with interest @ of 12% per annum as compensation in respect of injuries sustained by the claimant in the motor accident which occurred due' to rash and negligent driving of an auto -rickshaw bearing registration No. MPF 8835.

(2.) THE facts giving rise to this appeal, briefly slated are as follows: On 20.5.79 at about 9.15 P.M. while the claimant Meera Bai and Nagindas were going in an auto -rickshaw bearing registration No. MPF 8835 from Ramkumar Mill Indore towards Yashwant Talkies, the said auto -rickshaw over -turned on the road near telephone exchange due to rash and negligent driving of its driver respondent No. 2 Bijaykumar and asarcsult of this accident the claimant Meerabai sustained injuries including a fracture on her left shoulder. Her husband Nagindas who is a claimant -appellant in the other connected appeal (Misc. Appeal No. 203/88) sustained injuries on his left hand and left shoulder and a fracture of his clavicle bone. Both the claimants Meerabai and Nagindas were admitted in M.Y. Hospital for treatment of their injuries.

(3.) AFTER trial of the case the learned Tribunal on appreciation of evidence adduced by the parties, found only the driver Vijaykumar and owner Nasirali, jointly and severally liable to pay compensation to the claimants Meerabai and Nugindas in respect of whom a compensation of Rs. 7, 720/ - and Rs. 8, 556/ - respectively have been awarded with interest @ 12% per annum. The insurer and the former owner of the auto -rickshaw Jagdishkumar have been exonerated from any liability to pay compensation on the ground that Nasirali and not Jagdishkumar was the owner of the auto -rickshaw in question at the time of accident and that the Insurance Policy for the material period -covering the date of accident did not stand in the name of Nasirali but was continued in the name of the original owner Jagdishkumar.