AJAY JHAM Vs. JASHODA RAJPUT

JUDGEMENT

(1.) MA No.3740 of 2022 (Ajay Jham Vs. Smt. Jashoda and others) and MA No.3742 of 2022 (Ajay Jham Vs. Nathuram and others) arising out of Common Award No.MACC No.224/2018 (Nathuram Vs. Bharru Yadav and others) and MACC No.225/2018 (Smt. Jasoda Vs. Bharru Yadav and others), both claims have been disposed of the learned MACT, Teekamgarh by Award dtd. 10/5/2022, wherein for the injuries to both the claimants, the learned Tribunal has awarded compensation of Rs.2,91,180.00 to claimant Nathu ram and Rs.53,400.00 to Jasoda Bai and the learned Tribunal has directed the non-applicant Nos.1 and 2 to satisfy the Award along with rate of interest @ 7%.

(2.) In very brief, the claim of both the appellants in Tribunal is that they were going on a Motor-Cycle and an un-registered Tractor in red colour dashed against the Motor-Cycle, which caused serious injuries and permanent disability to the claimants and therefore, they sought the compensation. The learned Tribunal held that Nathuram sustained bone injuries while Jasoda sustained only simple injuries, but no permanent disability. The appeal has been filed by the appellants on the ground that the offending tractor was not in the possession of ownership of Ajay Jham, but it was sold to Bani Bai about years back, and therefore, he is not liable. It is further submitted that during the pendency of the petition, they could not file relevant documents as to under whose possession the tractor was. Therefore, they have filed applications i.e I.A.No.13087/2023 in M.A.No.3742/2022 and I.A.No.7055/2023 in M.A. No.3740/2022.

(3.) Perused the documents. It is seen that registration No. MP15F6531 on 20/11/1998 was registered in the name of Bani Bai W/o Shri Bharose by RTO, Sagar, Engine and Chasis No.NS17207 and ND17207 respectively. Therefore, both the I.As. are allowed and it would help the disposal of this appeal.