KACHRU Vs. SUNIL

JUDGEMENT

(1.) This appeal has been preferred against the award dated 20.10.2004 passed by Additional Motor Accidents Claims Tribunal, Multai, District Betul, in Claim Case No. 101 of 2000.

(2.) As per the claim petition the appellant a patient of polio was going on his tricycle on 22.5.2000. When his tricycle reached near Madina Masjid at Multai, a motor cycle No. MP 05-9271 driven by respondent No. 1 rashly and negligently came from behind and dashed the appellant's tricycle. As a result of which the appellant fell down and the motor cycle ran over his right leg. The appellant sustained fracture of his right femur and his four teeth were broken.

(3.) The respondents opposed the claim petition and denied the occurrence of accident. It was stated that the appellant was already a disabled person and, therefore, the injuries cannot be said to be caused due to the alleged accident.