NOKHELAL Vs. SHIV PUJAN

JUDGEMENT

(1.) THIS appeal is directed against the award dated 16-12-96 passed by the Motor Accident Claims Tribunal, Seoni, in Claim Case No. 23/94.

(2.) CLAIMANT/nokhelal is an employee of Steel Plant, Seoni, and at the time of accident he was earning Rs. 600/- per month. On 9-11-93 at about 10. 00 p. m. while he was going on his Luna moped to attend his duties at the Steel Plant, a bus bearing registration No. MKA 3196 came from the opposite direction and dashed him near Village Lakhanwara of Seoni District. The said bus was being driven rashly and negligently by its driver, respondent No. 1. The bus is owned by the respondent No. 2 and insured with the respondent No. 3. Because of the accident, the claimant sustained three major fractures on his right leg. Consequently, he suffered enormous pain and incurred heavy expenses on travelling for his treatment to Nagpur, medicines, special diet, etc. etc. According to the claimant, because of the accident, he could not attend his duties for three months and as such he was deprived of his salary also for that period. He, thus, claimed a compensation of Rs. 1,33,800/ -.

(3.) RESPONDENT Nos. 1 and 2 remained ex parte before the Claims Tribunal. Respondent No. 3 contested the claim on the ground that no document has been filed to prove the accident and injuries sustained by the claimant and as such it is not liable to pay the compensation.