MANGAL PRASAD Vs. SHERA KHAN AND OTHERS

JUDGEMENT

(1.) Being aggrieved by the award dated 24th Oct., 2005 passed by the learned MACT, Khandwa, this appeal has been tiled under Sec. 173 of the Motor Vehicles Act.

(2.) It is admitted fact that at the time of incident the offending Auto Rickshaw bearing registration No. MP 50 K/0124 was being owned by respondent No. 2 and was being driven by respondent No. 1. The same was insured with the respondent No. 3-Insurance Company.

(3.) In brief, the appellant's case is that on 27th Aug., 2004 at about 8.30 p.m. he was riding motorcycle bearing registration No. MP 51-B/ 757 and Kewal Singh Thakur was the pillion rider. When they reached between Rodatola and Jhara Nala, respondent No. 1, driving the offending auto-rickshaw rashly and negligently collided with the appellant's motorcycle. The appellant on account of which the appellant sustained grievous injuries. He was treated in District Hospital Balaghat. On oral report at Police Station, Baihar Crime No. 165/2004 lodged against the respondent No. 1. On the above grounds the appellant filed the claim case No. 26/2005 under Sec. 166 of the Motor Vehicles Act, for compensation to the tune of Rs. 2,20,695.00.