STATE OF MADHYA PRADESH Vs. MAYANK PANDEY

JUDGEMENT

(1.) THIS appeal has been directed against the award dated 21-12-1989 passed by Motor Accident Claims Tribunal, Raisen in Motor Accident Claim Case No. 33/1984.

(2.) BRIEF facts necessary for the disposal of this appeal are that on 9-1-1984 at about 12. 30 p. m. claimant Mayank Pandey was going on Scooter as a pillion driver from Bhopal to Obedullaganj. At Village Bisnekheda truck bearing registration No. MPZ 7443 owned by appellant No. 1 and driven by respondent No. 2 came from the opposite side and collided with scooter bearing registration No. MBG 1154 on which the claimant was sitting as pillion rider and thereafter also dashed another scooter bearing registration No. MBC 1553. The claimant sustained various injuries. He was taken to Hamidia Hospital where he was operated on 10-1-1984. He sustained fracture in his right hand and right leg. He was operated thrice. Kneeling and bone drafting was done and plaster was put. The claimant claimed compensation for the injuries sustained by him under various heads totaling to Rs. 5,97,000/ -.

(3.) THE appellants submitted their written statement and denied the negligence on the part of the respondent No. 2 and contended that the accident occurred due to rash and negligent driving of the scooter and accordingly the appellants prayed for dismissal of the claim petition.