TULSI RAM Vs. MAHESH PATEL

JUDGEMENT

(1.) This appeal is directed against the award of Motor Accidents Claims Tribunal, Sohagpur in Claim Case No. 35 of 1999 dated 20.7.2001.

(2.) Accident took place on 3.12.1998 when the truck No. MP 05-F 0100 driven rashly and negligently hit jeep No. MP 05-F 3345 resulting in fracture of right elbow and,fifth metacarpal bone. The claimant was driver in the jeep owned by Prembai, wife of Fundilal and insured with Oriental Insurance Co. Ltd., while Mahesh Patel is the driver of truck owned by Rajkumar and insured with National Insurance CoLtd. Compensation of Rs. 10,64,000 is claimed.

(3.) Respondents have filed separate written statements in this case. It is alleged that the jeep was being driven by the driver under intoxication, therefore, he was liable for causing accident. Insurance company alleges that drivers of both the vehicles did not possess valid driving licence to drive the vehicles. Claim should have been intiated under the Workmen's Compensation Act, 1923. The Claims Tribunal found that both the vehicles contributed to the accident equally, therefore, compensation of Rs. 94,000 with interest at the rate of 9 per cent per annum has been made payable by the owners and drivers of the two vehicles jointly and severally, the insurance company with which the vehicles were insured.