RAM DEEN Vs. SHAIKH SHAHJAD AND OTHERS

JUDGEMENT

(1.) The appellant has preferred the present appeal against the award dated 9.9.2004 passed by the 3rd Additional Motor Accident Claims Tribunal Katni in Claim Case No.105/2004, whereby the compensation of 3500.00 was granted to the appellant against the respondent nos.1 & 2, whereas the respondent no.3 Insurance Company was found absolved from its liability.

(2.) Facts of the case in short are that the appellant has moved an application under Sec. 166 of the Motor Vehicle Act, 1988 that he was working as a labour in the truck bearing registration no. MP 18/7509 and his income was of 2500.00 per month. On 21.7.2002, he was going on the truck of one Sudesh Kumar the respondent no.2, which was being driven by Shaikh Shahjad the respondent no.1. While going towards Umariya, the truck was turned turtle at turning near the Amha culvert and therefore, the appellant sustained several injuries. He was admitted in the Government Hospital, Chandiya and thereafter, he was referred for his treatment to the Government Hospital, Umariya. He sustained a fracture on his hip joint. Though, he took the treatment but ultimately, he sustained the disability of 35% and therefore, he demanded the compensation of 2,50,000.00 from the respondents being the driver, owner and Insurance Company of the vehicle.

(3.) The respondent nos.1 & 2 remained ex-parte and therefore, no written statement was submitted by them.