I M SIDDIQUI Vs. MOHD RAFIQ

JUDGEMENT

(1.) This appeal is dents Claims Tribunal, Bhopal in Claim directed against the award of Motor Acci Case No. 94 of 1993, dated 29.4.1994.

(2.) Shortly stated, claimant is Assistant Engineer in Water Resources Department, Government of M.P., Bhopal. On 15.4.93, at about 6.15 p.m., he was standing near kirana shop of Mahesh Chand Jain, Sewa Sadan, TT Nagar, Bhopal, and buying some kirana articles. Mohd. Rafiq, driver of minibus No. MP 04-0990, owned by Chandni Bi, insured with United India Insurance Co. Ltd., strode into the shop. The claimant was run over by the bus. One died while claimant suffered compound fracture of ilium right side and fracture of tibia and fibula left leg, apart from other injuries. He was admitted in Hamidia Hospital, Bhopal, later shifted to Gokuldas Hospital, Indore. Two major and two minor operations were performed on various dates. The allegation is that the accident took place due to rash and negligent driving of the bus by Mohd. Rafiq. As a result of this accident, the claimant had to incur heavy expenses on treatment, attendant, transport, special diet, apart from expenditure on miscellaneous items. Treatment spread over many months. Right from the day of accident, during treatment and thereafter, he underwent great pain and suffering. In all, compensation of Rs. 9,15,451 has been claimed.

(3.) Owner and driver of the bus have not appeared, therefore, proceeded ex pane. United India Insurance Co. Ltd. has denied all the allegations. It alleges that driver of the bus did not possess valid driving licence.