HARICHARAN Vs. DEEPAK SHARMA & OTHERS

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act 1988 has been preferred by the claimant/appellant against an Award dated 30th October 2004 in Claim Case No. 3/2003 passed by the Fifth Additional Member of the Motor Accident Claims Tribunal Gwalior (M.P.) with a prayer for enhancement of compensation amount.

(2.) The facts, in short, are that on 16th June 1999, the claimant/injured was travelling in M.P. Roadways Bus No. MP07-FO 714 from Morena to Gwalior which was driven by Deepak Sharma (respondent No.1). As the bus involved in accident crossed the Nanganala culvert, due to rash and negligent act on the part of the driver, it became imbalanced and turned turtle, resulting claimant travelling in the bus severely injured. The F.I.R. was lodged upon which Crime No. 78/1999 was registered for commission of offence punishable under sections 279,337 and 304-A of I.P.C. against the driver and after investigation, the charge-sheet was filed before the criminal court.

(3.) The contention raised by the learned counsel for the appellant is that the award passed by the learned MACT is against the evidence and the principles of law.