NATIONAL INSURANCE CO LTD Vs. KISHORE KUMAR LALWANI

JUDGEMENT

(1.) BEING aggrieved by the award dated 3. 9. 2004 passed by M. A. C. T. , neemuch in Claim Case No. 22 of 2004 whereby a sum of Rs. 17,66,000 has been awarded along with interest at the rate of 7 per cent per annum, the present appeal has been filed.

(2.) SHORT facts of the case are that the respondent No. 1 is the owner of a minibus bearing registration No. MP 14-K 1917 which was insured with the appellant. A claim petition was filed by respondent No. 1 alleging that on 30. 4. 1998, in the said bus respondent No. 1 along with other persons was going to attend marriage party of one Susheela, daughter of Dharampal, who happens to be friend of respondent No. 1. It was alleged that the offending vehicle was being driven by respondent No. 2 at the relevant time. It was alleged that because of rash and negligent driving of the respondent No. 2, the offending minibus met with an accident, resulting which the respondent No. 1 sustained multiple fractures. It was further alleged that because of the accident, respondent No. 1 sustained grievous injuries and has become 100 per cent disabled to earn his livelihood. Claim petition was contested by the appellant on various grounds including the ground that since respondent No. 1 was himself the owner of the vehicle, therefore, he is not entitled for any compensation from the appellant. It was prayed that claim petition filed by respondent No. 1 be dismissed.

(3.) ON the basis of pleadings of parties, the learned Tribunal framed the issues, recorded the evidence and awarded a sum of Rs. 17,66,000, break-up of which is as under: <FRM>JUDGEMENT_590_ACJ_2008Html1.htm</FRM>