OM PRAKASH Vs. FIDA HUSSAIN

JUDGEMENT

(1.) The appellant-claimanl has filed the appeal under section 173 of Motor Vehicles Act, 1988 against the award dated 13.12.1996 in Claim Case No. 9 of 1996 passed by learned First Additional Motor Accidents Claims Tribunal, Ratlam, wherein the amount of Rs. 29,000 was awarded to the claimant against respondent Nos. 1 and 2 along with interest at the rate of 12 per cent per annum from 22.6.1994.

(2.) The case of the claimant is that on 15.12.1993 at about 6 p.m. near village Jharbardiya when the claimant was going on road, Ambassador car No. CPO 362 driven rashly and negligently by respondent No. 1 collided from the front side and in the accident the claimant has received the fracture in his right leg and also the injuries on his head, face and other parts of the body. That claimant was treated in various hospitals and he has incurred the medical expenses of more than Rs. 50,000. That claimant is a labourer and on account of his permanent disability, he was unable to earn the amount of Rs. 1,000 per month.

(3.) The respondent Nos. 1 and 2 have proceeded e.x parte and respondent No. 3 has pleaded that the driver of the vehicle was not having valid driving licence and as such the insurance company is not liable to pay the amount.