VIRENDRA Vs. MAHENDRA

JUDGEMENT

(1.) APPELLANT/claimant has filed the appeal under Section 173 of the Motor Vehicle Act for the increase of the award dated 16-7-2004 in Claim Case No. 143/2003 passed by learned Additional Member MACT, Dhar where by the amount of Rs. 57,000/- carrying the interest @ 8% per annum was provided to the claimant.

(2.) THE case of the claimant is that on 2-11-2004 at about 8. 30 A. M. when the claimant was going on his Kinetic Honda Scooter the Truck No. MP-09 KB/631 driven rashly and negligently by respondent No. 2 hit the Scooter and in the accident the claimant fell down and he has received the injury on his face and his three teeth were broken. That the report was lodged in the Police Station, Dhamnod. The charge-sheet was filed against the respondent No. 1 before the Judicial Magistrate First Class, Dharampuri. That on account of the loss of the teeth the claimant was incapable of taking the food and he has received the permanent disability. That the claimant has incurred the expenses of Rs. 95,000/- in his medical treatment and in total he is entitled for the amount of Rs. 5,50,000/- from the respondent No. 2 and also owner of the vehicle and the insurer respondent Nos. 1 and 3 respectively.

(3.) THE respondent Nos. 1 and 2 proceeded exparte and the case of the respondent No. 3 is that at the time of the accident the driver of the Truck was not having the license and that the accident has taken place on account of the negligence of the claimant and as such, the Insurance Company is not liable to pay the amount.