VINIT SHARDA Vs. SURESHNATH

JUDGEMENT

(1.) This order shall also govern the disposal of M.A. Nos. 298/2011, 3744/2010 and 2020/2010. M.A. No.3744/2010 which is arising out of award dated 21/10/2010 in claim case No.9/2009 by 4th Motor Accident Claims Tribunal, Ujjain whereby the compensation to the tune of Rs. 8,21,235/- has been awarded, in a case of death of Nimish Adhyapak, filed by the owner assailing the finding of exoneration of the insurance company. Against the said award, M.A. No.298/11 has been filed by claimants seeking enhancement. M.A. No.2020/2010 has been filed by the claimant/injured against the award dated 10/3/2010 passed by MACT, Mandsaur whereby a sum of Rs.52,000/- has been awarded recording the finding of joint and several liability. All these 3 appeals are arising out of the same accident for the death and injury though date of passing of award is different by different claims tribunal, therefore all three appeals are being decided by this common order.

(2.) As per claim averments, it is apparent that on the date of accident i.e. 31/5/2008 the deceased along with family members and Mukesh were coming back to Ujjain after Darshan of Lord Sawariyaji. When he reached near to Inani Farm House, the truck bearing registration No. RJ-06-GA-0786 driven rashly and negligently by the driver dashed the Maruti car wherein Nimesh Adhyapak sustained injuries and ultimately succumbed to death on 4/6/2008 and Mukesh received injuries. The L.Rs. of Nimesh filed the claim petition seeking compensation to the tune of Rs.51 Lacs, interalia contending that he was a contractor and agriculturist, earing Rs.2 Lac per annum, therefore compensation may be awarded adding medical expenses incurred prior to the death. Simultaneously in claim case No.2020/10, the injured received injuries of right acetabulam, radius and ulna of left hand and disability to the extent of 8% of left hand and 12% of right hip i.e. total 20%, however it was prayed that compensation to the tune of Rs. 6,04,400/- may be awarded.

(3.) In M.A. No. 2020/10 which is a injury case, the claims tribunal awarded a sum Rs. 52,000/- disbelieving the medical bill Ex.P/11 in para-16. The tribunal has also recorded the finding of joint and several liability disbelieving the defence of the insurance company of not having the endorsement on driving license to drive the transport vehicle carrying goods of dangerous and hazardous nature.