MOHANLAL GUPTA Vs. STATE OF M P

JUDGEMENT

(1.) WE propose to dispose of these two appeals (M.A. No. 242 of 1989 Dr. Mohanlal Gupta v. State of M.P. and others and M.A. No. 352 of 1989 Israr Mohammad Khan v. Dr. Mohanlal Gupta and another) by this order since they arise out of the same accident and between the same parties. They are directed against the award of Motor Accident Claims Tribunal, Chhatarpur, in Claim Case No. 15 of 1986 dated April 5, 1989.

(2.) ACCIDENT took place on 1.12.1985, when Jeep No. CPZ 2571 driven rashly and negligently by driver Israr Mohd. Khan and owned by State of M.P. dashed against truck which was ahead of it. The claimant was going in this vehicle for attending duty. As a result of this accident, he sustained a number of injuries on his person. He was 48 years old at that time, earning Rs. 3,160/ per month. During treatment, he had to take special diet spending Rs. 5,000/ . He had to engage a person to look after him on which he had to spend a sum of Rs. 5,000/ . Due to the injuries, he suffered permanent disability. He cannot move about.

(3.) IT is stated that the Jeep was being driven carefully. It wanted to overtake the truck moving ahead of it. When the truck stopped all of a sudden, the jeep struck against it due to the fault of that truck driver whose truck number could not be noted and he went away. As such, it is a 'hit and run' case. The claimant is not entitled to claim compensation from respondents nor he has suffered permanent disability. He is capable to do normal work. Claims Tribunal has found that the jeep was not being driven rashly and negligently, therefore, the claimant was not entitled to compensation. However, compensation of Rs. 7,500/ has been awarded with interest at the rate of 12% per annum for injuries sustained by the claimant, from the State under 'no fault liability'.