RAMLAL Vs. PRAKASH

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act, 1988, at the instance of claimant is directed against the award dated 28.6.2007 passed by Tenth Additional Motor Accidents Claims Tribunal in Claim Case No. 200 of 2005.

(2.) The case of the appellant is that on 16.9.2005 the accident was caused by the loading rickshaw No. MP 09-KD 2993, in which the appellant had received injuries. The said rickshaw was driven rashly and negligently by the respondent No. 2. The appellant was admitted in the hospital and a report was made to the police. In the said accident the permanent disability was caused to the appellant, therefore, he filed the claim petition before the Tribunal.

(3.) The Tribunal by the impugned award has awarded a sum of Rs. 50,000 along with 6 per cent interest. A finding of permanent disability in the right hand has been recorded. The Tribunal has exonerated the insurance company on the ground that the respondent No. 2 did not have the driving licence.