ANSAR AHMAD Vs. QAMAR KHAN

JUDGEMENT

(1.) THIS appeal has been preferred by the claimant for enhancement of compensation aggrieved by an award dated 14.8.1996 passed in MCC No. 172/92 by II Additional Motor Accidents Claims Tribunal, Seoni. Shri Ansar Ahmed, the claimant was driving a Maruti Van on 2.7.1991.

(2.) IT was averred in the claim petition that when he was going from Seoni to Katni at 10:30 p.m. along with 5 other persons. He tried to overtake truck No. MTL 1771, horn was sounded, light signal was also given, all of a sudden driver of the truck enhanced the speed and dashed the Maruti Van from left side while it was in the process of overtaking. Four persons died on the spot, other two including the driver were seriously injured. Claimant submitted that accident was caused due to rash and negligent driving of the driver of truck, Shri Qamar Khan. Truck was owned by Shri Rafik Khan, he died, his L.Rs. were substituted. Truck was insured with United India Insurance Co. Ltd. Police registered the case at Crime No. 79/91 under sections 304-A and 337 of the IPC.

(3.) THE claimant was initially treated at Seoni, thereafter was referred to Nagpur. He was under treatment at the time of filing of claim petition. He was earning a sum of Rs. 1,500/- by way of driving. He was unable to earn any amount as he has been rendered unfit to work as driver. His age at the time of incident was 23 years. Compensation of Rs. 10,40,000/- was claimed along with interest. The insurer in the reply contended that the truck was stationery at the time of accident. Driver was also not in the vehicle, he was watching condition of the road whether it was possible to take the vehicle ahead owing to the rains. Maruti Van came from behind and dashed the stationery truck, the driver of the Maruti Van i.e. the Claimant was badly drunk, he drove the vehicle in excessive speed; driver of the truck was not negligent in any manner. The owner and the insurer of the Maruti Van are necessary parties.