VIJAY KARAN VERMA Vs. ABDUL NASEEM

JUDGEMENT

(1.) This appeal is directed against the award of Motor Accidents Claims Tribunal, Bhopal in Claim Case No. 209/1998, dated 28 -9 -1999.

(2.) ON 22 -9 -1997, claimant was going on his motor -cycle. Mini Bus bearing registration No. MP -04 -H -7510, owned by Durga Bus Service, Bhopal, driven by Abdul Naseem and insured with New India Assurance Co. Ltd., dashed against the motor -cycle, because the Mini Bus was being driven rashly and negligently. As a result of the accident, claimant suffered fracture in his left hand, left knee and right leg. He was treated and hospitalised at Hamidia Hospital, Bhopal from 22 -94997 to 12 -10 -1997. He suffered permanent disability to the extent of 20% as per Dr. Raghvendra Sadh (A.W. 3). He alleges that due to this accident, he underwent great pain and suffering, his chances of promotion were affected sine he was withdrawn from field duty to office duty and he had to spend on treatment and take special diet.

(3.) THE Claims Tribunal framed 4 issues on the pleadings of parties and came to the conclusion that the accident took place as alleged; claimant suffered fracture in hand and feet resulting in permanent disability. Defence that the driver did not possess valid driving licence, violated conditions of insurance policy, as such there is no liability of Insurance Company has been rejected. Compensation of Rs. 40,000.00 has been awarded with interest at the rate of 12% per annum, payable from the date of order.