GURDEEP SINGH Vs. ABDUL MANNAN KHAN AND ANOTHER

JUDGEMENT

(1.) This order shall decide aforesaid both Misc. Appeals arising out of the same impugned award filed by the registered owner of the offending vehicle for saddling the liability of the sum of the impugned award and by the respondent No.1 claimant for enhancement of the sum awarded by the tribunal respectively.

(2.) The aforesaid both the appeals have been filed by the respective appellants stated above being aggrieved by the award dated 14.7.06 passed by the MACT, Balaghat in MACC No.14/06 whereby the claim of Abdul Manan Khan who is respondent No.1 in the MA No.3627/06 while appellant in M.A No.4032/06 with respect of the injuries sustained in vehicular accident, by exonerating the respondent No.2/ insurer of both the appeals, from the liability to pay the sum of the impugned award, has been awarded against the Gurdeep Singh (the appellant of M.A No.3627/06 while respondent No.1 in MA No.4032/06), for the sum of Rs.1,00,000/- along with interest @ 6% P.A from the date of filing the claim petition i.e 13.1.06. In addition to it, cost of Rs.750/- has also been awarded. Keeping in view the position of the parties of both the appeals as stated in the appeal memo, for the sake of convenience, instead the words appellant, respondent No.1 and respondent No.2, the words, claimant, registered owner and insurer respectively are being used for them hereinafter.

(3.) The facts giving rise to this appeal in short are that, the claimant, being driver under the employment of aforesaid registered owner of the bus, was deputed on a bus bearing registration No. MP-22-B/6336. While driving the bus cautiously by him on 13.12.04 between Mandai to Balaghat, the same met with an accident near river Tannor because of mechanical fault in the vehicle due to breaking of Kamani Patta, resultantly, the claimant sustained injuries in his both legs along with some other part of his person. He became unconscious on the spot. From the place of incident, he was taken to the hospital from where after providing preliminary treatment, he was referred to district hospital Balaghat for further treatment where he remain admitted as indoor patient upto 14.12.04. Thereafter he was referred to medical college Nagpur for further treatment where he remain admitted for some time as indoor patient. During that period, by carrying-out the surgery, some rod and plates were inserted in his leg. At the time of accident, he was aged 50 years and was getting Rs.3000/- P.M salary, besides Rs.50/- per day allowance and, in such premises, including the expenses of treatment, the claim of Rs.11,25,000/- was filed. It is also stated in the claim petition that on the dateof the alleged accident, the bus was registered in the name of aforesaid registered owner, while the same was insured with the above mentioned insurance company. The claimant was possessing the requisite license to drive the bus.