MUKESH KUMAR Vs. RAHUL

JUDGEMENT

(1.) Being aggrieved by the award dated 6.4.2004 passed by MACT, Neemuch in MACC No. 120/02 whereby claim petition filed by the appellant was allowed and compensation of Rs. 25,000 was awarded on account of injuries sustained in a motor accident which took place in the intervening night of 10-11.12.2000, present appeal has been filed.

(2.) Short facts of the case are that the appellant filed a claim petition alleging that in the intervening night of 10-11.12.2000 at about 12:30 a.m. appellant was travelling in a Maruti Van bearing registration No. RJ/09-C/3776, which was being owned and driven by the respondent No. l and insured with respondent No. 2. It was alleged that Apurv Kulshrestha and Bharat Prajapati were the co-passengers with the appellant. It was alleged that because of rash and negligent driving of respondent No. l accident occurred, in which appellant sustained grievous injuries. It was prayed that the claim petition be allowed and compensation be awarded.

(3.) The claim petition was contested by respondent No. l wherein it was denied that the accident occurred because of rash and negligent driving of respondent No. l. It was alleged that the accident occurred because of negligence of unknown truck. It was prayed that the claim petition be dismissed. Respondent No. 2 also contested the claim petition alleging that since the respondent No. 1 was not at fault, therefore, respondent No. 2 cannot be held liable for payment of compensation. It was prayed that the claim petition be dismissed. After framing of issues and recording of evidence, learned Tribunal allowed the claim petition and awarded compensation @ Rs. 25,000 on account of no fault liability, against which present appeal has been field.