KASHIRAM MALVIYA Vs. HABIB SHAH

JUDGEMENT

(1.) THE appellant/claimant has filed the appeal under Section 173 of the Motor Vehicles Act, 1988 for the increase of the amount of Award dated 12-5-2004 in Claim Case No. 71/2001 passed by learned Additional Member of Motor Accident Claims Tribunal, Badwaha, District West Nimar, whereby the amount of Rs. 15,400. 00 was provided to the appellant carrying the interest @ 9% p. a. from the date of the filing of the claim petition.

(2.) THE case of the claimant is that on 6-5-1998 when the applicant was travelling in Mazda Vehicle No. MP-10/9129, the Truck No. MP-09/k-8907 driven rashly and negligently by respondent No. 1, hit his vehicle near the Bharat Dhaba and in the accident the applicant has received the injury in which his ribs were fractured. The case of the claimant is that the amount of Rs. 3,00,000. 00 be provided to him from the respondent No. 1 and also jointly and severally from the respondent Nos. 2 and 3 who arc respectively the owner and the insurer of the truck.

(3.) THE learned Tribunal after framing the issues and recording the evidence of both the parties has held that the applicant has received the injuries on account of the rash and negligent driving and as such the non-applicants were directed to pay the aforesaid amount jointly and severally.