LAWS(MPH)-2014-11-170

MOHAMMAD AZAD Vs. MAHESH AND ORS.

Decided On November 12, 2014
Mohammad Azad Appellant
V/S
Mahesh and Ors. Respondents

JUDGEMENT

(1.) Being aggrieved by award passed by the learned Motor Accident Claims Tribunal, Dhar, dated 29-6-2005 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. The case of the present appellant before the Tribunal was that on 9-2-2014, 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 10-2-2004, he was treated by Dr. Tiwari at Mhow and on 19-2-2004, he was admitted to Anand Hospital at Indore. He was discharged from Anand Hospital on 20-9-2004. On being discharged from the hospital he lodged an FIR before the Police Station, Pithampur, where the crime was registered on 1-3-2004. Due to the injuries sustained in the accident, the appellant claims the compensation of Rs. 5,00,000/- from the respondents.

(2.) 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 Co. as there was breach of conditions and the insurance policy. Accordingly, the respondent prays that the Insurance Co. be absolved of the liability of payment of amount of compensation.

(3.) The learned Tribunal after hearing both the parties passed the impugned award wherein the learned Tribunal held that the vehicle bearing registration No. MTT-7950 was not involved in the accident, however, the present appellant sustained 48% permanent disability due to a road accident. The Tribunal held that it was not proved that the respondent No. 1 was not having effective and valid driving license at the time of accident and further held that the present appellant is entitled to receive an amount of Rs. 94,679/- and interest thereon due to the injuries suffered by him in the accident. However, since the Tribunal held that the present vehicle was not involved in the accident the Tribunal dismissed the application and no compensation was awarded to the present appellant from the present respondent.