JHANABAI Vs. TARKESHWAR

JUDGEMENT

(1.) Being aggrieved by the award dated 03/09/07 passed by XV MACT, Indore in Claim Case No.327/05 whereby claim petition filed by appellant was allowed and compensation of Rs.29,074.00 was awarded and respondent No.4 was exonerated, present appeal has been filed.

(2.) Short facts of the case are that the appellant filed a claim petition alleging that on 14/12/04 at about 6.15 p.m. appellant was going on a motor bike bearing registration No.MP/09-JZ/3766, which was being driven by respondent No.2, owned by respondent No.3 and insured with respondent No.4. It was alleged that another motor bike bearing registration No. MP/13-A/3708 which was being driven by respondent No.1 rashly and negligently dashed the motor bike which was being driven by respondent No.2, with the result appellant fell down and sustained grievous injuries. It was alleged that the appellant lost six teeth and also sustained injuries on various parts of the body. It was prayed that the claim petition be allowed and compensation be awarded. The claim petition was contested by the respondents. Contention of the respondent No.4 was that since the appellant was pillion rider and the accident occurred because of rash and negligent driving of respondent No.1, therefore, respondent No.4 is not liable. It was prayed that the claim petition be dismissed. After framing of issues and recording of evidence learned Tribunal allowed the claim petition and awarded a sum of Rs.29,074.00 as compensation and exonerated the respondent No.4 on the ground that the appellant was pillion rider, against which present appeal has been filed.

(3.) Learned counsel submits that the appellant was hospitalized for a period of two weeks. It is submitted that looking to the injuries sustained by the appellant, amount awarded by the learned Tribunal on all the heads is on lower side. So far as exoneration of respondent No.4 is concerned, it is submitted that since the appellant was pillion rider and the learned Tribunal found that the accident occurred because of negligence on the part of respondent Nos. 1 & 2, therefore, learned Tribunal committed error in exonerating respondent No.4. It is submitted that the appeal filed by the appellant be allowed and amount of compensation be enhanced accordingly and the findings of the learned Tribunal regarding exoneration of respondent No.4 be quashed.