SHABBIR HUSSAIN Vs. DINESH

JUDGEMENT

(1.) THE appellant/claimant has filed the appeal under Section 173 of the Motor Vehicles Act, 1988 for the enhancement of the amount of award dated 2-5-2001 in Claim Case No. 152/2000 passed by learned Second Additional Member of Motor Accident Claims Tribunal, Badwani, whereby the amount of Rs. 70,000. 00 alongwith interest @ 9% p. a. from 22-6-2000 was provided to the claimant.

(2.) THE case of the claimant is that on 18-5-2000 in the morning at about 11. 30 a. m. when the claimant was going on his scooter from Badwani to Anjad, near the Mazar of Peer Baba jeep driven rashly and negligently by respondent No. 1 has hit the scooter from the back side and on account of the collusion the claimant has received the fracture of his right hand and the abrasions caused in the leg and the face. The claimant was referred to the District Hospital, Badwani and thereafter he was treated in the hospital at Indore. That the claimant is a business-man and he is the income tax payee and he has incurred the expenses of Rs. 25,000. 00 in his medical treatment. That respondent No. 2 is the owner and respondent No. 3 is the insurer of the offending jeep and as such the amount of Rs. 10,00,000. 00 be provided to the appellant, jointly and severally, from the respondents.

(3.) THE case of the respondents is that the claimant was not driving the scooter properly and accident has not taken place on account of the rash and negligent driving of the jeep. The Insurance Company has pleaded that the driver of the jeep was not having the valid licence and as such the Insurance Company is not liable to pay the amount.