LAXMINARAYAN Vs. HARI SINGH

JUDGEMENT

(1.) THIS order shall also govern the disposal of Misc. Appeal No. 344/2001, filed on behalf of respondent No. 2, owner of the offending vehicle against the award of Tribunal dated 23.11.2000 passed by MACT, Rajgarh in Claim Case No. 44/1998, whereby the learned Tribunal allowed the application filed on behalf of the appellant -claimant for award of compensation under Motor Vehicles Act, and passed an award of Rs. 15,000/ - in favour of the appellant -claimant exonerating respondent No. 3 Insurance Company from liability of payment of compensation.

(2.) THE undisputed facts of the case are that, on the date of accident due to negligent driving of passenger bus bearing registration No M.P. 04 -H -7089, the appellant -claimant Lakshminarayan sustained injuries. The vehicle at the time of accident was driven by respondent No. 1 and respondent No. 2 was the registered owner of the said vehicle and it was insured with respondent No. 3 Insurance Company. Before the Tribunal, respondent Nos. 1 and 2 proceeded ex -parte. The learned Tribunal, on evaluating the evidence adduced on behalf of the appellant -claimant and respondent No. 3 -Insurance Company, awarded Rs. 15,000/ - as compensation in favour of the appellant exonerating Insurance Company from payment of the compensation amount. Aggrieved by the said award of the Tribunal, the claimant -appellant has filed M.A. No. 292/2001 seeking enhancement in the compensation amount; whereas the owner of the offending vehicle respondent No. 2 Thakur Gajendrasingh filed M.A. No. 344/2001, for the dismissal of the claim application, and in the alternative, for making Insurance Company also liable to pay the compensation awarded to the claimant.

(3.) CONSIDERING the submissions of the learned Counsel, and on perusal of the statements of Dr. Narendra Bharadwaj P.W. 3, it emerges that in the alleged accident, the appellant -claimant sustained only three contusions; one on back side of the waist, other on the shoulder and the third injury on the chest.