HARISH KORI Vs. RAJU K. RAJVARDHAN

JUDGEMENT

(1.) This order shall govern the disposal of MA No.2343/06 filed by the claimant seeking enhancement and also M.A No.2534/06 filed by the a Central Govt. through Commandant MRC, Sagar assailing the award of compensation. Being aggrieved by the Award dated 29.3.06 passed by the Ist AMACT, Sagar in Case No.32/04, aforesaid both the appeals have been preferred.

(2.) The facts in brief are that on 29.10.03 at about 7 AM, the injured was going to distribute the newspaper on the bicycle but near the Rest house No.2 Cant Sagar, the bus of MRC School bearing No.CPV-0544 driven rashly and negligently by the driver came from behind and dashed the bicycle thereby the injured fell down and received injuries over the head, back, hand, leg and shoulder. The intimation was given to P.S Cant by the auto-driver Sanju alias Satyendra, on which, at crime No.678/03 offence punishable under section 279,337 of the IPC was registered. The injured remained hospitalized in the district hospital, Sagar from 29.10.03 to 14.4.04. The operation of disruption of Pelvic and rupture of Urethra was performed. With the aforesaid averments, being student of Class 8 th, while performing the work of distribution of newspaper, the claim petition under section 166 of the Motor Vehicle Act,1988 ( in short the Act) seeking compensation for an amount of Rs.9 lacs on account of permanent disability received to the injured, was filed.

(3.) The Respondent No.2 filed his written statement and admitted the ownership of the vehicle. It was denied that respondent No.1 was the driver of the offending vehicle. It is further stated that the vehicle was insured with respondent No.3 Insurance company, however, the owner is not liable to pay the amount of compensation. It is further stated that the claimant is not entitled to claim any compensation against the owner.