KAILASHCHANDRA Vs. ASHIK

JUDGEMENT

(1.) Being aggrieved by the award dated 31.1.2004 passed by the Third Additional Member, Motor Accident Claims Tribunal, Mandsaur in Claim Case No. 04/2003 whereby the claim petition filed by the appellant was allowed and sum of Rs. 17,810 was awarded to the appellant as compensation for the injuries sustained by the appellant, the present appeal has been filed.

(2.) Short facts of the case are that the appellant filed a claim petition alleging that on 3.3.2003. appellant was going along with his friend on a motor-bike. At that time bus bearing registration No. CIU No. 2828 which was being driven by respondent No. l rashly and negligently dashed the appellant from the back side with the result the appellant sustained grievous injury and also fracture in both the legs. The offending vehicle was owned by the respondent No. 2 and insured by the respondent No. 3. It was claimed by the appellant that the claim petition be allowed and compensation be awarded.

(3.) The claim petition was contested by respondent Nos. 1 and 2 wherein the allegations made in the claim petition was denied and it was alleged that in case it is found that the appellant has sustained injuries the respondent No. 3 is liable to pay compensation. The claim petition was also contested by respondent No. 3 on various grounds including the ground that the respondent No. 1 was not having a valid driving licence. After framing of issues and recording of evidence learned Tribunal allowed the claim petition and awarded a sum of Rs. 17,810, breakup of which is as follows: <FRM>JUDGEMENT_1332_ACJ_2012_1.html</FRM>