SHIVSINGH Vs. SANJAY

JUDGEMENT

(1.) BEING aggrieved by the award dated 29.01.2010 passed by MACT, Dewas in claim case No.24/2009 whereby the claim case filed by the appellant for compensation was allowed and compensation of Rs.85,000/- was awarded on account of injuries sustained by the appellant in a motor accident which took place on 30/11/2008, the present appeal has been filed.

(2.) SHORT facts of the case are that appellant filed a claim case alleging that on 30.11.2008 appellant was going on his motorbike. It was alleged that respondent No. 1 who was driving the motorbike bearing registration No.M.R-41/MB/7271 dashed the appellant from the back side with the result appellant sustained injuries. It was alleged that offending vehicle was owned by the respondent No. 1 and insured with respondent No.2. It was prayed that claim case be allowed and compensation be awarded. The claim case was contested by the respondent No.2 on various grounds including on the ground that respondent No. 1 was not possessing the valid driving license. It was prayed that claim case be dismissed. After framing of issues and recording of evidence learned tribunal allowed the claim case and awarded Rs.85,000/- against which present appeal has been filed.

(3.) LEARNED counsel for the respondent No.2 submits that cross-objections has been filed by the respondent No.2. It is submitted that learned tribunal committed error in holding the respondent No.2 liable for payment of compensation as the respondent No. 1 was possessing the learning driving license and did not follow the instructions given under the law. It is submitted that otherwise also the amount awarded is just and proper. It is submitted that appeal filed by the appellant be dismissed and cross-objections filed by the respondent No.2 be allowed.