SATISH SANGHI Vs. MIHIR KUMAR JOSHI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 4.2.1983 of the End Additional Motor Accidents Claims Tribunal, Indore, passed in Claim Case No. 195 of 1979, whereby while awarding the compensation to claimant -applicant Mihir Kumar (respondent No. 1 here), the respondent Nos. 2 and 4 have been jointly made liable for payment of compensation to the tune of Rs. 17,333.08 with interest at the rate of 6 per cent per annum.

(2.) THE brief history of the case is that on the date of incident, i.e., on 14.5.1979 at about 9.15 p.m. the claimant Mihir Kumar was going on his scooter No. CPF 3318 from Regal Theatre towards Palasia. His younger sister Kamakshi Joshi was sitting on the pillion. The motor car No. MPI 1144 driven by Abdul Salam (respondent No. 2 here) came from the front of Anand Bhawan, M.G. Road. The motor car was in an excessive speed. It dashed against the scooter resulting in injuries to the claimant and damaged the scooter as well. The claimant was taken to the hospital. He was treated and operated twice. There was a fracture of right femur. Nailing had to be done. This has created deficiency in the walking.

(3.) THE respondent No. 3, Mukhtiyar Ahmed, filed separate reply to the claim petition and while denying the fact of rash and negligent driving and the injuries to the claimant it was pleaded by him that vehicle was purchased by him on hire -purchase basis and had kept the vehicle for repairs with one Sardarkhan, mechanic, who without his consent gave the vehicle for driving to Abdul Salam, driver. He, therefore, is not responsible for payment of any compensation.