PRAVEEN KUMAR SHRIVASTAVA Vs. BHAIYA KHAN

JUDGEMENT

(1.) This appeal is directed against the award dated 24.11.1992 passed by Additional Motor Accidents Claims Tribunal, Sihora in Claim Case No. 12 of 1989. As per the averments of the appellant-claimant made in the claim petition, appellant was going from Jabalpur to Katni on Suzuki motor cycle. The said motor cycle was being driven by Bhaiya Khan, respondent No. 1 and the appellant was a pillion rider. Near Gosalpur Police Chowki, respondent No. 2 who was driving tractor MIJ 8329 rashly and negligently dashed the said motor cycle. The appellant contends that as a result of this he sustained grievous injuries resulting in amputation of his right leg. Accordingly, the appellant filed a claim petition seeking compensation of Rs. 2,25,000.

(2.) The driver, owner and insurer of the said tractor resisted the claim petition and contended that the accident occurred by rash and negligent driving of motor cycle by the respondent No. 1. The Claims Tribunal framed issues and after recording the evidence partly allowed the claim petition and awarded compensation of Rs. 52,000 with interest at the rate of 12 per cent per annum from the date of claim petition till realisation. However, the Tribunal was of the view that the accident occurred due to rash and negligent driving of both the vehicles and accordingly apportioned the liability to the extent of Rs. 26,000 payable by respondent No. 1 and Rs. 26,000 to be paid by the insurer of tractor with interest at the rate of 12 per cent per annum from the date of claim petition. Feeling aggrieved the appellant has filed this appeal.

(3.) The appellant, PW 1, in his evidence has deposed that on 1.9.1987 at 3 p.m. he was going on motor cycle from Jabalpur to Katni. The said motor cycle was being driven by Bhaiya Khan, respondent No. 1 and he was the pillion rider. When the motor cycle was on National Highway No. 7 he saw a tractor coming at the speed of 60 kmph. He stated that all of a sudden the driver of the tractor applied brakes as a result of which the said tractor turned towards right and the motor cycle dashed against the tractor. He stated that the driver of the tractor ran away from the spot. He further stated that he was seriously injured and was taken to Medical College Hospital, Jabalpur. He further deposed that he was admitted in the hospital for 19 days. His right leg was amputated and he was discharged. After few days he was readmitted and again his leg was further amputated. He stated that he was earning Rs. 700 per month by doing the job of accountant. He stated that his age at the time of accident was 24 years.