SHIVRAM CHOUDHARY Vs. VEERENDRA KUMAR MISHRA

JUDGEMENT

(1.) All these three miscellaneous appeals are being decided with this common order as have been filed against the common award dtd. 20/8/2007 passed by 3rd Additional Motor Accidents Tribunal, Satna, in Claim Cases No.42/2005 and 43/2005. Both the claim cases arose from the same accident; M.A. No.448 of 2008 has been filed by the claimantShivram Choudhary seeking enhancement in the compensation amount whereas other two appeals i.e. M.A. No.4747 of 2007 and M.A. No.4873 of 2007 have been filed by the insurance company challenging the award.

(2.) Facts of the case in brief are that on 29/5/2004 in the night at about 09:00 P.M. while the claimants- Shivram Choudhary and Shukhlal Choudhary were walking towards village Lohroura from Satna, on the way, driver (Virendra Singh) of tractor bearing registration number MP-19-A6092, dashed them in reckless and negligent manner resulting into several injuries on various bodyparts causing fracture of hand to claimant- Shivram and fracture of collarbone and other injuries to claimant- Sukhlal.

(3.) The owner and driver of the offending vehicle have contested the case via filing separate written statements denying the accident as well as involvement of vehicle. The insurance company had also filed its written statement contending that the claimants were travelling in the tractor which is not permissible and further, the driver of alleged offending vehicle did not have valid license on that day. Moreover, as per the information given to police, in fact, another vehicle belonging to one Ramsharan Dwivedi was involved in the accident.