SANJAY KUMAR AGRAWAL Vs. ARJUN KUMAR

JUDGEMENT

(1.) THIS appeal is directed against the award passed by the Motor Accident Claims Tribunal, Narsinghpur, in Claim Case No. 3/89, dated 20-1-1993.

(2.) ACCIDENT took place on 29-6-1988 when claimant was going to the scooter of Arun Kumar as pillion rider and truck No. D. I. L. 2127, owned by Arjun Kumar driven by Habib Khan and insured with National Insurance Company Ltd. , hit him. Allegation is that the accident took place due to rash and negligent driving of the truck. As a result of this accident, the claimant was dragged to some distance and suffered serious injuries. He remained in the hospital from 29-6-1988 to 4-7-1988 and in Private Nursing Home from 5-7-1988 to 29-7-1988. Claimant has claimed total compensation of Rs. 1,07,208/-, out of which Rs. 15,000/- is towards loss of income from shop for six months.

(3.) THE respondents have taken the defence that claimant did not suffer any injury in this accident, as alleged. Driver of scooter and truck did not possess valid driving license for driving the vehicle, therefore, they are not liable to pay the compensation.