SUKHLAL Vs. MAHESH

JUDGEMENT

(1.) THE appellant Sukhlal has filed the present appeal under Section 110-D of Motor Vehicles Act for enhancement of the sum awarded to him in relation to the award dated 16.7.1990 passed in claim Case No. 9/88 by the learned IIIrd Additional Member, Motor Accident Claims Tribunal, Chhindwara. The respondent has also filed cross-objections under Order 41 Rule 22 C.P.C. alleging that the Claims Tribunal committed an error in giving award and proper opportunity of hearing was not given to the respondent Nos. 1 and 2.

(2.) THE brief facts leading the appeal are, that on 26.5.1987 the appellant was going on his scooter alongwith Dr. Bhatnagar, the respondent No. 1 Mahesh driving Jeep No. WMA-2674, rashly and negligently dashed the appellant's scooter as a consequence of which the appellant received grievous injuries on right leg. It was also alleged that the said Jeep belong to original respondent No. 2. According to the appellant because of the injury' suffered by him he was lodged in hospital from 26.5.1987 to 16.7.1987 and from 16.8.1987 to 16.9.1987. According to the appellant he suffered grievous fracture in the right leg and a rod was implanted, he claimed Rs. 4,50,800/- as compensation. Despite service of the notice, the respondent Nos. 1 and 2 did not appear, therefore, the case proceeded ex-parte against them and as they were ex-parte the Insurance Company could also not be impleaded. The learned Trial Court after examining the appellant and his witnesses passed the award in favour of the appellant for a sum of Rs. 10,500/- holding that the respondent No. 1 was driving the vehicle rashly and negligently and the vehicle belongs to the respondent No. 2.

(3.) THE respondents have filed the cross-objections and they have stated that no proper opportunity of hearing was extended to the respondents Nos. 1 and 2 and, therefore, the claim of the appellant be dismissed.