SEWARAM SHEERAMAL Vs. NANHE KHAN AKBAR BEG

JUDGEMENT

(1.) THIS appeal under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') is directed against the award dated 19-1-1980 passed by the Claims Tribunal, Hoshangabad awarding Rs. 8,000/- awarded to the respondent no. 1 Nanhe Khan against which the present appeal has been filed by one of the truck owners Sewaram alias Sawan.

(2.) THE short facts leading to this appeal are as under : The claimant-respondent No. 1 Nanhe Khan alias Asgar Beg preferred a claim before the Claim tribunal, Hoshangabad on the ground that he was working as a labourer in Truck no. MPC 4824 which was owned and registered in the Regional Transport Office, hoshangabad in the name of Sewaram alias Sawan and respondent No. 2 Udaram son of tekanmal Sindhi. The truck in question was driven by one Latif Khan. When the truck reached near the bridge of river Dolariya which is in between Hoshangabad and seoni-Malwa, due to high speed and rash and negligent driving, it turned turtle. This accident had taken place on 14-7-1978 as a result of which the claimant, respondent No. 1 suffered several injuries on his person, including grievous injuries on the hip and the hand. He had to remain in the Government Hospital, Hoshangabad for about a month. Therefore, he filed a claim for Rs. 50,000/ -.

(3.) THE appellant and the respondent No. 2, truck owner denying the averments of the claim petition, stated that the accident was not the result of rash and negligent driving but it was due to all of a sudden bursting of the tyre and that the driver of the truck could not balance the steering. The Insurance Company, respondent No. 3 completely denied the liability of the claim.