LAWS(MPH)-2003-1-22

DURGSH KUMAR YADAV Vs. VIMAL

Decided On January 02, 2003
DURGESH KUMAR YADAV Appellant
V/S
VIMAL BANSAL Respondents

JUDGEMENT

(1.) This appeal is directed against the award of Motor Accidents Claims Tribunal, Jabalpur, in M.V.C. No. 825 of 2000, dated 21.8.2001, at the instance of the claimant seeking for enhancement of compensation and reversal of the finding as to liability to pay compensation.

(2.) Shortly stated, it may be recorded that the accident took place on 14.6.2000 when jeep bearing registration No. CIJ 9838, in which the claimant was travelling, turned turtle due to rash and negligent driving of the driver resulting in serious injuries to the claimant. C-5 and C-6 bones of vertebrae were fractured resulting in non-function of both the lower limbs and choking of urinary system. Massive treatment could not improve his condition; he lies in bed as a disabled person and is looked after by an attendant; lakhs of rupees he has spent on treatment and compensation of Rs. 21,50,000 has been claimed holding the driver and owner jointly responsible for payment of compensation with ultimate liability of the insurance company with which the vehicle was insured.

(3.) Both owner and driver did not contest the case and were proceeded ex parte, while the insurance company alleges that the jeep was insured for private use, but it was being used for hire and reward and, therefore, there was violation of the conditions of insurance policy; as such, the insurance company is not liable to pay the compensation.