SUNIL Vs. ASHOK KUMAR

JUDGEMENT

(1.) Being aggrieved by the award dated 26.8.2006 passed by MACT, Mandsaur in Claim Case No. 65/05 whereby claim petition filed by the appellant was allowed and compensation of Rs. 28,000 was awarded on account of injuries sustained by the appellant in a motor accident which took place on 23.3.2004 and the liability to pay the amount of compensation was apportioned between respondent Nos. 1 and 3 and the respondent No. 2 was exonerated, present appeal has been filed.

(2.) Short facts of the case are that the appellant filed a claim petition before the learned Tribunal alleging that on 23.3.2004 appellant was going on a motor bike of respondent No. 1 as pillion rider, which was insured with respondent No. 2. It was alleged that the motor bike which was being driven by respondent No. l rashly and negligently met with an accident with another motor bike bearing registration No. MP/14-BA/5657 which was being driven by respondent No. 3. In the said accident appellant sustained grievous injuries. It was alleged that the accident occurred because of rash and negligent driving of respondent No. 3, therefore, claim petition be allowed and compensation be awarded.

(3.) The claim petition was contested by the respondents by filing reply. After framing of issues and recording of evidence learned Tribunal allowed the claim petition filed by appellant and awarded compensation as Rs. 28,000 holding respondent Nos. 1 and 3 liable equally and also apportioned the amount of compensation and exonerated respondent No. 2 on the ground that under the policy risk of pillion rider is not covered, against which present appeal has been filed.