RAJESH Vs. NAZLU

JUDGEMENT

(1.) This is an appeal filed by the appellant/owner and driver of the vehicle under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred as "the Act") against the award dated 29.9.2004 passed in Claim Case No. 62/2003 by the Member, 21st Motor Accident Claims Tribunal, Indore by which Rs. 17,000/- as compensation has been awarded to the respondent/claimant.

(2.) Brief facts of the case are that on 16.5.2001 at around 1.30 p.m. claimant/ respondent Nazlu was going on A.B. Road, Dewas Naka, Indore after selling herbal medicine appellant/non-appellant Rajesh dashed his Tempo bearing registration No. MP 09-3653 by rashly and negligently driving due to which right hand of the claimant was fractured and as a result of which, permanent disability has occurred for which he claimed Rs. 1,25,000/- as compensation.

(3.) So far as the amount of compensation is concerned, looking to the gravity of injury sustained by the claimant, the amount is not excessive. Only point involved in the appeal is whether the learned Tribunal has committed any error in exonerating the Insurance Company from the payment of compensation.