RAJU Vs. SARDAR SINGH

JUDGEMENT

(1.) THIS is claimant appeal against the award dated 22.10.2001 passed by the Additional M.A.C.T. Ujjain in Claim Case No. 115/01.

(2.) ON 21.6.2000 al around 11 o'clock in the morning the appellant was going on his bicycle from Kushalpura to Mahakal temple, Ujjain. He was dashed by the tractor driven rashly and negligently by the driver. As a result of the accident he sustained fracture in his tibia and fibula bone and admitted in the hospital upto 13.7.2000 and was also operated. He was under plaster cover for a period of two months. He claimed compenation of Rs. 2,00,000/-.

(3.) IT is clear from the fact that the accident took place on 21.6.2000 and the report was lodged on 22.6.2000. However, in the report the number of the tractor has not been mentioned. However, subsequently the police made investigation and the tractor in question has been seized and it has also been released on Superdginama to the owner. It has clearly been mentioned by the appellant in his evidence that the tractor was driven by the owner Sardar Singh and he tried to run away from the spot and and he was caught by the mob. From the above evidence it is clear that the tractor which is being owned by the owner Sardar Singh has caused the accident, the same fact has been completely ignored by the Claims Tribunal. Hence, I am of the opinion that the finding of the Tribunal are perverse. It has clearly been held that the respondent No. 1 has caused the accident by his tractor and the owner and Insurance Company are liable for payment of compensation.