JITENDRA SHARMA Vs. YADUVEER SINGH & OTHERS

JUDGEMENT

(1.) This appeal has been filed challenging the award dated 18.07.2001 passed by the 6th Motor Accident Claims Tribunal, Gwalior, in Claim Case No.60/1999, whereby learned Claims Tribunal has held that negligence of driver of the vehicle in which the claimant was traveling, was since not proved, he is entitled to a claim of Rs.25,000/- in terms of the principle of no fault liability and nothing beyond it.

(2.) In the appeal filed under Section 173 of the Motor Vehicle Act, the issue which has been raised by the appellant is that on 21.02.1999, the appellant was traveling in Bus No.- MP06-F-0555 from Jabalpur to Gwalior, when respondent No.1 had driven the vehicle rashly and negligently causing collision with a dumper, whereby rear portion of the bus had hit the dumper causing serious injuries to the appellant. Report of this incident was made with Police Station- Bilaua, but suppressing the rash and negligent driving on the part of the bus driver, report was lodged against the unknown dumper driver and when the appellant was brought to the hospital, he was subjected to treatment including operation and the appellant is still suffering from pain of backbone, therefore, he should have been awarded a sum of Rs.2,20,000/- under various heads.

(3.) It has also been argued that learned Claims Tribunal erred in not accepting the claim of the appellant specially in view of the fact that he had suffered 40% disability in his body, therefore, award of a meager sum of Rs.25,000/- is insufficient.