VIJAY KUMAR ARYA Vs. ASHOK RATHORE

JUDGEMENT

(1.) This appeal is directed against the award of the Motor Accidents Claims Tribunal, Betul in Claim Case No. 23 of 1992 dated 8.7.1994.

(2.) Briefly, claimant Vijay Kumar Arya (35) was going on his motor cycle No. 05-6599 with his sister to Karonji Deel on 3.1.1992. Matador bearing the registration No. MOC 8819 driven by Ashok Rathore, owned by Dilip Kumar and insured with Oriental Insurance Co. Ltd. hit the claimant as a result of which both the occupants of motor cycle fell down. Claimant sustained serious head injury. He was first taken to Chicholi, then to Padhar and finally to Nagpur for treatment. For repair of motor cycle, he spent Rs. 5,000. Compensation of Rs. 1,42,500 has been claimed. The respondents have filed their statements in this case. Allegations have been denied and it is stated that the accident took place due to negligence of the claimant who was driving motor cycle on the wrong side and hit Matador. He did not possess a driving licence and was drunk at the time of the accident. Therefore, there is violation of conditions of the insurance policy. Consequently, the claimant is not entitled to get compensation.

(3.) The Claims Tribunal holds that the accident took place as alleged. Claimant suffered injuries in this case. Matador was being driven rashly and negligently; as such the motor cycle was hit resulting in grievous injuries to the claimant. Claims that a sum of Rs. 5,000 was spent on repair of motor cycle and the claimant suffered permanent disability, therefore, entitled to get compensation of Rs. 1,00,000, have not been proved. Total compensation of Rs. 12,558 has been awarded with interest at the rate of 12 per cent per annum.