PREM NARAYAN BHATNAGAR Vs. GYAN PRAKASH BHARDWAJ

JUDGEMENT

(1.) PREMNARYAN Bhatnagar is partially dissatisfied with the award of the MACT. According to him, the Insurance Company is equally liable to pay the compensation and the award given by the Claims Tribunal absolving the Insurance Company on the ground that the offending vehicle was being driven by aperson who was not duly authorised is not in accordance with law.

(2.) BRIEF facts of the case are that the claimant was 55 years of age at the time of the accident. It is stated that on 2.1.1990 he was going on his luna alongwith his friend, when he reached near the Library near Motimahal, a motor cyclist driving bullet motor cycle bearing No. MPH 4492 hit him. He sustained bodily injuries. Tibia and Fibula bones of his right leg were fractured. He had stated that he had to stay in the Nursing home and his leg was put in plaster twice. The Claime Tribunal awarded the compensation amounting to Rs. 45,274.00. This was given under the following heads:

(3.) I have gone through the facts of this case. The Insurance Company has been wrongly absolved. The plea which found favour with the Tribunal was that the person who was driving the motor cycle was not driving the same with the consent of the owner. Merely because the owner of the motor cycle was not driving the motor cycle is no ground to absolve the Insurance Company from its liability for the accident.