PREM NARAYAN SHARMA Vs. SUNIL GUPTA

JUDGEMENT

(1.) This appeal is directed against the award of Motor Accidents Claims Tribunal, Bhopal, in M.C.C. No. 496 of 1999, dated 22.12.2000, at the instance of the claimant seeking enhancement of compensation.

(2.) Accident took place on 15.9.1999, at 7.15 a.m. when the appellant, an employee of the M.P.S.R.T.C., was hit by minibus No. MP 04-H 7924, driven by Sunil Gupta rashly and negligently. In the accident, the claimant sustained grievous injuries in the right leg below knee. Case was registered with the police and claimant shifted to the hospital. During treatment in Gokuldas Hospital, Indore, rod was inserted at the site of the fracture. In this accident, the claimant suffered permanent disability to a great extent. Claim petition was filed for compensation of Rs. 3,40,000 against the respondents jointly and severally.

(3.) Before the Claims Tribunal, respondents Sunil Gupta and Baboolal Mathil, driver and owner of the vehicle, remained ex parte, while the insurance company, United India Insurance Co. Ltd. contested the claim and denied liability alleging that the driver did not possess valid driving licence for driving the vehicle, therefore, it was not liable to pay the compensation. Facts stated in the claim petition have been denied and prayer for rejection of the claim has been put up.