NEW INDIA ASSURANCE CO LTD Vs. AZEEM KHAN

JUDGEMENT

(1.) THIS Miscellaneous Appeal is directed against the award dated 12-10-95, in Claim Case No. 114/92.

(2.) THE claimant/respondent No. 1 filed an application for award of compensation as he suffered injuries in a motor accident. The averments of the claimant/respondent No. 1 in the claim petition were that on 26-3-90 at about 10. 00 P. M. he was driving mini bus No. CIC 9501. He had stopped the said mini bus on the left side of the road Near Apsara Talkies, Bhopal, when truck No. CIR 8412 which was being driven rashly and negligently by respondent No. 2, dashed against the said mini bus, resulting in grievous injuries to the claimant/respondent No. 1. Admittedly the respondent No. 3 Jabbar Khan is the owner of the said truck while the appellant is the insurer of the said vehicle. The claimant/respondent No. 1 claimed compensation of Rs. 2,98,019. 45 paise on account of injuries sustained by him in the accident.

(3.) THE claim petition was resisted by the appellant as well as respondent Nos. 2 and 3.