KANDHILAL Vs. RAJESH KUMAR RAWAT

JUDGEMENT

(1.) This appeal is directed against the award of the Motor Accidents Claims Tribunal, Jabalpur, in M.V.C. No. 236 of 2000, dated 28.1.2002.

(2.) Shortly stated Kandhilal (46) has a puncture repairing shop. On 12.7.1998, at 9 p.m., he closed his shop and went home along with his friend. At this time, scooter No. MP 20-W 7928 driven rashly and negligently, came from Madan Mahal crossing and hit the claimant, resulting in fracture of right thigh and injuries to other parts of his body. As a result of injuries, he sustained permanent disability, loss of income for 24 months and future income for 15 years. Compensation of Rs. 8,30,000 is claimed. Rajesh Kumar Rawat was driving the scooter owned by Rajesh Rao and insured with Oriental Insurance Co. Ltd. Owner and driver have been proceeded ex parte, while insurance company disputes the claim. It alleges that the driver of the scooter did not possess a valid driving licence, therefore, it is not liable to pay the compensation.

(3.) The Claims Tribunal holds that the scooter was being driven rashly and negligently, resulting in injuries and permanent disability to the claimant; therefore, entitled to claim compensation. Permanent disability has been to the extent of 50 per cent and shortening of leg by l". The total compensation of Rs. 79,000 has been awarded with interest at the rate of 9 per cent per annum.