HARDAYAL Vs. SANJAY

JUDGEMENT

(1.) THIS appeal has been filed by the owner aggrieved by an award dated 4-2-2004 passed by Motor Accidents Claims Tribunal, Betul passed in Claim Case No. 70/03.

(2.) ON account of injuries sustained by Sanjay, aged 9 years, claim petition was preferred before the Claims Tribunal claiming compensation of Rs. 16,06,000/ -. The claimant has incurred disability to the extent of 20%, he suffered fracture of femur of his left leg. The claimant was initially admitted at Ghodadongri Hospital and then referred to Padhar Hospital, he remained admitted for 15 days, surgery was performed, rod was inserted, six months' bed rest was advised, consequently an attendant had to be engaged, an offence was registered against the driver cum owner Shri Hardayal under Sections 279, 337 and 338 of IPC at Crime No. 107/03. The claimant was student of Class IVth at the relevant time, he was unable to appear in the examination, his future has been darkened consequently the claim petition was preferred.

(3.) THE owner in the written statement contended that he was driving motor cycle at slow speed. The claimant was crossing the road, all of a sudden, he came in front of motorcycle, he was not negligent, in any case vehicle was insured with Oriental Insurance Co. Ltd. Liability, if any, was that of insurer.