MURLIDHAR Vs. LAXMINARAYAN & OTHERS

JUDGEMENT

(1.) This appeal, presented under Section 110-D of the Motor Vehicles Act, is directed against the award dated 30.6.1982 passed by the Member, Motor Accident Claims Tribunal, Ujjain in claim Case No. 15/79 thereby granting the compensation of Rs. 18,800/- together with interest @ 6% per annum against the respondents Nos. 1 and 2 only.

(2.) Aggrieved by the dismissal of the claim against the respondent No. 3 National Insurance Company Ltd. and by the inadequacy of the compensation, the claimant has preferred this appeal.

(3.) Briefly stated the facts of the case are that a truck bearing registration No. MPO 2130 was owned by the appellant on the relevant time on 18.11.1978 and was being driven by his driver Inayatkhan. The driver was taking this truck from Tarana to Makdon. Another truck bearing Registration No. MPN-5056 was owned by the respondent No. 1 Laxminarayan and was being driven by respondent No. 2. The respondent No. 2 drive this truck rashly and negligently and dashed it against the truck of the appellant causing serious damage to it. The truck of respondent No. 1 was registered with respondents No. 3. The claim for Rs. 50,000/- was presented. It was resisted by the respondents Nos. 1 to 4. The Tribunal passed the award only against the respondents Nos. 1 and 2 and exonerated the respondent No. 3 on the ground of non-proof of the licence. The claim as against respondent No. 4 was held to be barred by time.