CHANDRAKANT GOSWAMI Vs. RAMKESH PATEL

JUDGEMENT

(1.) This appeal is directed against the award dated 3.3.2000 passed by the Additional Motor Accidents Claims Tribunal, Maihar, District Satna in Claim Case No. 153 of 1997.

(2.) As per the claimant-appellant, on 26.8.1997 he was returning on the scooter from Maihar to Jabalpur. When he reached near Itma Mandi, a truck No. UGY 8507 driven rashly and negligently by respond ent No. 1, owned by respondent No. 2 and insured with respondent No. 3 came from the opposite side and dashed his scooter. As a result, appellant and the pillion rider Rajendra Bihari Pandey sustained grievous injuries. The appellant, therefore, filed a claim petition under section 166 of Motor Vehicles Act, 1988, seeking compensation of Rs. 5,95,000 from the respondents.

(3.) The respondents resisted the claim petition and denied the averments made in the claim petition. The Tribunal framed issues and after recording evidence held that the appellant is entitled for compensaion of Rs. 74,000. However, the Tribunal held that as the appellant was not having driving licence to drive the scooter apart from negligence of truck driver, there was contributory negligence on the part of the appellant to the extent of 50 per cent. Accordingly, Tribunal directed respondents to pay compensation of Rs. 37,000 to the appellant. Feeling aggrieved, the appellant has filed this appeal for enhancement.