KRISHNAPAL SINGH Vs. GULZAR SINGH

JUDGEMENT

(1.) -IN this appeal preferred under section 173 of the Motor vehicles Act, 1988 (for brevity 'the Act')the claimant-appellant has called in question the sustainability of the award passed by the Motor Accidents Claims Tribunal, katni (in short 'the Tribunal') on 7. 9. 2000.

(2.) THE facts in a nutshell are that on 31. 5. 1997 while the claimant-appellant was going towards Katni from Jabalpur in a Maruti van bearing registration No. MP 21-A 6269. At that juncture a jeep bearing registration No. 20-T 0375 being rashly and negligently driven by respondent No. 1 dashed against the appellant as a consequence of which he sustained fractures on both legs. In view of the aforesaid, an action was initiated under section 166 of the Act before the Tribunal contending that despite availing long treatment and surgery, condition of the claimant did not improve and he became permanently disabled. The claimant put forth a claim of rs. 11,00,000 on various heads.

(3.) THE owner and the driver chose to remain ex pane. The insurer resisted the claim of the claimant-appellant stating, inter alia, that the jeep that was insured with it had not caused the accident and the claimant had not sustained any kind of permanent disablement. Additionally a stand was taken that the vehicle in question had violated the conditions of the policy inasmuch as it was being plied without valid permit. Be it noted that insurer had taken leave of the court to contest the matter as envisaged under section 170 of the Act.