MOHAMMAD AZAD @ AJJU Vs. MAHESH BISHANLAL JAISWAL

JUDGEMENT

(1.) BEING aggrieved by award passed by the learned Motor Accident Claims Tribunal, Dhar dated 29.06.2005 in Claim Case No.48/04 whereby the learned Tribunal dismissed the application of the present appellant filed under Section 166 of Motor Vehicles Act. This miscellaneous appeal is filed by the present appellant challenging the aforesaid award.

(2.) THE case of the present appellant before the Tribunal was that on 09.02.2014, the present appellant was going to his residence situated at Bagdun from Eisher Chauraha, Pithampur in tempo bearing registration No.MTT -7950 as paid passenger in the vehicle. The vehicle was belonging to respondent No.2, which was driven by respondent No.1. The respondent no.1 was driving the vehicle rashly and negligently due to which the vehicle overturned and the present appellant suffered injuries in his both the legs, hands and face. The appellant sustained fracture in his right leg. After the accident, he was taken to Lekhi Hospital at Pithampur. Next day i.e. on 10.02.2004 he was treated by Dr. Tiwari at Mhow and on 19.02.2004, he was admitted to Anand hospital at indore. He was discharged from Anand hospital on 20.09.2004. On being discharged from the hospital he lodged an FIR before the Police Station Pithampur where the crime was registered on 01.03.2004. Due to the injuries sustained in the accident the appellant claims the compensation of Rs.5,00,000/ - from the respondents.

(3.) THE respondent Nos.1 and 2 denied the assertion made by the present appellant. According to them, the vehicle was never involved in the accident. Some other unknown vehicle hit the appellant but as the vehicle of respondent Nos.1 and 2 normally plies on the route, registration number of the vehicle was given to the police. The respondent No.3 asserted before the Tribunal that respondent No.1 was not having valid and effective license at the time of accident. No permanent disability was caused to the appellant. There is no liability of the Insurance Company as there was breach of conditions and the insurance policy. Accordingly, the respondent prays that the insurance company be absolved of the liability of payment of amount of compensation.