RAJENDRA Vs. LAXMI NARAYAN CHOUHAN

JUDGEMENT

(1.) THESE two appeals arise out of common award and in the form of cross appeals with the award passed by Addl. Motor Accidents Claims Tribunal. Multai. district Betul in Claim Case No. 36/96 on 20th December, 1999 awarding a sum of Rs.1.06.800/ on account of injuries suffered by claimant Rajendra Bachle.

(2.) CLAIMANT Rajendra Bachle sustained injuries in an accident on Dhar Indore road which took place on 6.6.1996 near village Galouda while he was travelling in Tempo Trax No. MP 05A/8839 which met with an accident with dumper No. MP 09D/0544. driven by Raju. owned by Laxmi Narayan. insured with National Insurance Co. Ltd. As the dumper dashed against the Tempo Trax. claimant Rajendra sustained injuries which caused paralysis on the entire left portion of his body. Claimant/injured claimed compensation to the tune of Rs.67,99,000/ . The plea taken by the owner and the driver of the dumper was that the accident took place owing to negligence of driver of the Tempo Trax. hence, the driver, owner and insurer of the Tempo Trax were necessary parties. Similar plea is taken by the insurer. In addition, it was contended that the driver of the dumper did not possess valid driving licence. The claims Tribunal has come to the conclusion that the accident took place owing to rash and negligence driving by Raju. the driver of dumper.

(3.) INSURER in its appeal has urged that there was no evidence to establish that the claimant was employed as teacher and he was drawing salary of Rs.3,200/ and the finding that he could not join his duty for two years owing to the accident is incorrect. The injuries could not be connected with the alleged incident. Taking place of the accident and the negligent driving of dumper by driver Raju is established by Rajendra (PW 1). who has clearly deposed that the dumper was driven in a high speed and dashed against the Tempo Trax. Claimant has filed the documents of criminal case which was registered. Challan was filed. They are from Ex.A 1 to A 9. X ray report is A 11. Certificate of age has also been filed. There is no evidence in rebuttal led by the insurer. Thus, the negligence of dumper driver is established by deposition of Rajendra and also he suffered injuries. Injuries in question are also established.