BASANT KUMAR PUROHIT Vs. RAJU PANDEY

JUDGEMENT

(1.) This appeal has been preferred by the claimant for enhancement of compensation aggrieved by award dated 24.11.2000 passed by the Third Additional M.A.C.T., Damoh in Claim Case No. 35 of 1998.

(2.) In an accident dated 6.1.1997 when the claimant was returning from Sagar to Damoh in Maruti van (MP 04-J 2841) near Hanuman Temple, Damoh, bus (MP 15-D 2017) dashed Maruti van. Bus was driven by Raju Pandey in a rash and negligent manner. The claimant and other persons travelling in Maruti van sustained injuries. They filed separate claim petitions. Claimant Basant Kumar Purohit aged 43 years was working as Revenue Inspector and was earning a sum of Rs. 7,000 per month. He has incurred permanent disability and was deprived of obtaining salary during the course of treatment. The bus was owned by Krishna Kumar Rai and insured with New India Assurance Co. Ltd.

(3.) The owner and driver in their reply denied the averments made in the claim petition and contended that driver was not negligent, factum of accident was denied. Jaswant Singh was driving Maruti van in a rash and negligent manner and dashed the bus, hence they are not liable to make payment. In case there is any liability, as the vehicle was insured with New India Assurance Co. Ltd., liability is that of insurer to make the payment of compensation.