NARAYAN SINGH NIRALA Vs. MAHENDRA SINGH AND ORS.

JUDGEMENT

(1.) The Appellant-claimant has preferred this appeal against the award dated 19.7.1982 passed by the Motor Accidents Claims Tribunal, Sehora in Motor Accident Claim Case No. 3/79 dismissing the claim petition with costs.

(2.) The Appellant had claimed a compensation of Rs. 2,54,700.00 alleging that the claimant had booked his vegetables for transporting from Indore to Bhopal on 10.1.1977 with M/s. Sharma Motor Transport Company, Respondent No. 2 which hired the truck No. MPC 6069 belonging to Mahendra Singh, Respondent No. 1. The Respondent No. 3 is the insurance company which had insured the said truck. The claimant travelled on the said truck with the vegetables with the permission of the Respondent No. 2. Due to the negligence of the driver of the said truck, it collided against a tree on the way resulting in the death of the driver and severe injuries to the claimant.

(3.) The Presiding Judge of the Tribunal held that the truck was being driven rashly and negligently by the driver at the relevant time which resulted in the said accident. But the claimant was an unauthorised passenger in the transport vehicle hence not entitled to any compensation from the non-Applicants Respondents. The Tribunal also held that the claimant failed to prove the injuries sustained by him and the amount of compensation payable to him.