MOHAN SINGH Vs. MOHD AKLAQ FARUKI

JUDGEMENT

(1.) This order shall also govern the disposal of M.A. No. 1976/2009 as both the appeals are arising out of the award dated 06.04.2009 passed by 18th MACT, Indore in claim Case No. 95/2007, whereby claim petition filed by the appellant was allowed and compensation of Rs. 97,063.00/- was awarded. In M.A. No. 1941/2009, which is the appeal filed by the appellant/claimant the grievance is that the amount awarded is inadequate and the same be enhanced. In M.A. No. 1976/2009, which is the appeal filed by the respondent No. 3 the grievance is that learned Tribunal committed error in holding the respondent No. 3 liable for payment of compensation as the respondent No. 1 was not possessing valid driving licence.

(2.) Short facts of the case are that claim petition was filed by the appellant alleging that on 15.07.2007 when the appellant was going on his foot at that time motorbike bearing registration No. MP-09-MP-5435, which was being driven by respondent No. 2, owned by respondent No. 1, dashed the appellant as a result appellant sustained injuries. It was alleged that

(3.) The claim petition was contested by the respondents No. 2 & 3. The defence of respondent No. 3 was that since the respondent No. 1 was not possessing the valid driving licence, therefore, respondent No. 3 can not be held liable. After framing of issues and recording of evidence claim petition was allowed and the compensation of Rs. 97,063/- was awarded, breakup which is as under: