ASHOK KUMAR Vs. DHULIA

JUDGEMENT

(1.) THIS appeal under Section 110-D of the Motor Vehicles Act is directed against award dated 31. 7. 1988 passed by Member, Motor Accidents Claims Tribunal, Jhabua in Claim Case No. 36 of 1988 awarding Rs. 61. 500/- as against claim of Rs. 1,80. 000/- to the claimant-respondent.

(2.) THE insurer has joined the owners as appellant probably with a view to widen the scope of interference, otherwise taking each of the grounds, as urged and enumerated in the appeal memo, are not available to the insurer.

(3.) THESE grounds are: (a) lack of medical evidence, (b) 50 per cent disability on account of loss of memory, not proved, (c) claimant-respondent was smelling of alcohol at the time of his medical examination, and should, therefore, be held responsible for the accident, (d) agricultural income of Rs. 300/- and daily wages of Rs. 15/- not proved.