SANJAY Vs. AKHILESH

JUDGEMENT

(1.) This order shall also govern the disposal of M.A. No. 757 of 1998. Being aggrieved by the award dated 28.4.1998 passed by the M.A.C.T., West Nimar, Mandleshwar in Claim Case No. 36 of 1996, the present appeal and M.A. No. 757 of 1998 has been filed.

(2.) Short facts of the case are that the accident took place on 20.10.1995 by a scooter bearing registration No. MP 10-B 4900. The scooter was being driven by Naveen, appellant No. 2, was owned by Sanjay, appellant No. 1 and insured with insurance company, respondent No. 2.

(3.) Due to the accident respondent No. 1, who was aged 12 years at the time of accident sustained fracture in his right leg of tibia bone and fracture of femur bone in left leg. Respondent No. 1 was hospitalised. Claim petition was filed by respondent No. 1, which was registered as Claim Case No. 36 of 1996, in which the insurance company, respondent No. 2, herein opposed the claim on the ground that at the relevant time appellant No. 2 was not possessing a valid driving licence.