RAJVEER SINGH Vs. ANTAR SINGH

JUDGEMENT

(1.) Being aggrieved by award dated 12.5.2011, passed by MACT Indore, in claim case No. 210/2010, whereby claim petition filed by the appellant was allowed and compensation of Rs. 1,09,000/ - was awarded and respondent No. 3 was exonerated, present appeal has been filed.

(2.) Short facts of the case are that a claim petition was filed alleging that on 8.5,2008, appellant was going as pillion rider on Scooter, met with another motor bike which was being driven by respondent No. 1 rashly and negligently, owned by respondent No. 2 and insured with respondent No. 3. It was prayed that the claim petition be allowed and compensation be awarded.

(3.) Learned counsel for the appellant submits that appellant sustained fracture of tibia and fibula and fracture of femur bone. It is submitted that the appellant was hospitalized for a period of 13 days, where he was operated and rod was inserted. It is submitted that permanent disability was caused to the appellant and learned Tribunal awarded a sum of Rs. 1,09,000/ -. Learned counsel for the appellant submits that since appellant was third party, therefore, learned Tribunal was not justified in exonerating respondent No. 3. It is submitted that even if respondent No. 1 was not possessing valid driving license, then too, at the most right of recovery could have been given to respondent No. 3. It is submitted that the appeal be allowed and findings whereby respondent No. 3 has been exonerated, be set aside.