SANJAY KUMAR Vs. SUBODH MANDVIKAR

JUDGEMENT

(1.) This appeal is directed against the award of 9th Additional Motor Accidents Claims Tribunal, Jabalpur, in M.C.C. No. 88 of 1995, dated 18.10.1996.

(2.) On 18.7.1991, the claimant was coming from Shashtri Bridge Road, Napier Town, Jabalpur, towards Home Science College, at 7.30 p.m., on his scooter No. MPK 9549. When he reached in front of the office of Mr. Keshwarwani, Advocate, Subodh Mandvikar, the respondent No. 1, coming from opposite direction, namely, Madan Mahal Police Station, riding his scooter No. CIK 180, dashed against the claimant. This happened because Subodh was driving the scooter rashly and negligently. The result was that the claimant suffered several injuries including compound fracture in his left leg, fracture of tibia and fibula. He was admitted in the Medical College, Jabalpur. Since proper arrangement for treatment was not available to him there, he shifted to a private hospital of Dr. Jitendra Jamdar in the city of Jabalpur. Accordingly, he was operated and plastered in the left leg for 6 weeks up to 14.11.1991. Claimant was working with his father, a tax practitioner. Compensation of Rs. 2,45,000 is claimed, but award is for Rs. 25,000.

(3.) The defence of respondent No. 1 in this case has been that the accident happened since the claimant failed to give side indication and turned to his side, therefore, Subodh was not driving the scooter rashly and negligently. According to the insurance company, both the vehicles were responsible for this accident, therefore, jointly responsible for compensation. It is submitted that the insurance company with which scooter was insured, ought to have been impleaded party to this case and the claimant did not possess a valid driving licence to drive the scooter.