STATE OF MADHYA PRADESH Vs. ASADKHAN

JUDGEMENT

(1.) THIS order shall also govern the disposal of M. A. No. 77/84 (Jagdish v. Asadkhan and Ors.) filed by respondent No. 2 against the same award.

(2.) THE aforesaid appeal, preferred under Section 110-D of the Motor Vehicles Act, 1939 is directed against the award dated 23.11.83 passed by the Member (Third) Motor Accident Claims Tribunal, Indore in Claim Case No. 135/81 thereby granting the award of Rs. 20,000/- together with interest @ 6% per annum from 26.6.81 till realisation.

(3.) BRIEFLY stated, the facts of the case are that the claimant Asadkhan was driver of tempo bearing registration No. MPO-3047. The jeep bearing registration No. MPZ-4318 involved in the accident was owned by the State of M.P., and at the relevant time was in the custody of the Joint Director, Veterinary services Mhow. On 15.3.1981, the claimant (Asadkhan) drove the aforesaid tempo from Mhow to Indore. Near Rasalpura, the driver Jagdish brought the aforesaid jeep, driving it rashly and negligently and dashed it against the tempo as a result of which, the claimant sustained injuries. The claimant presented the claim petition on 26.6.1981, Claiming a compensation of Rs. 1,00,000/-. The other side resisted the claim and pleaded that no fault can be attributed against it. On evaluation or evidence, the learned Tribunal awarded the compensation as noted above. The appeals have been filed as particularised above.