KAMALKISHORE BAGHEL Vs. UDAY SINGH

JUDGEMENT

(1.) Both the appeals arise out of the common award dtd. 20/4/2009 passed by the Second Additional Member, Motor Accident Claims Tribunal, Gwalior (in short "the Claims Tribunal") in Claim Case No. 02/2006, whereas MA No. 999/2009 has been preferred by claimant Kamal Kishore Baghel under Sec. 173 of the Motor Vehicles Act on the ground of inadequacy of compensation, seeking enhancement thereof, while MA No. 1070/2009 has been filed by appellant/owner under the same provision, seeking exoneration from the liability fastened upon him by the Claims Tribunal.

(2.) Since both the appeals challenge the same award, they were heard analogously and are being decided by this common order.

(3.) Necessary facts for adjudication of both the appeals in short are that in the intervening night of 8th and 9/8/2004, the claimant was travelling in the dumper bearing Registration No. MP 07 G-5684, which was being driven by Udai Singh (driver). The said vehicle was being driven rashly and negligently, as a result of which it turned turtle, causing an accident. Due to the said accident, the claimant sustained injuries to his leg. After the occurrence of the accident, the driver of the offending vehicle absconded from the spot, leaving the vehicle at the place of occurrence. The injured claimant was thereafter taken to Civil Hospital, Etawah, where he was provided primary medical treatment and was subsequently admitted for further treatment. The matter was reported to Police Station Bakewar, District Etawah, and an offence bearing Crime No. 56/2004 was stated to have been registered. After investigation and other formalities, the police filed a charge sheet. Thereafter, the claimant filed a claim petition before the Claims Tribunal seeking compensation. Non-applicants therein filed their written statement and denied all averments. The Claims Tribunal framed necessary issues and after considering the evidence of both parties, awarded compensation to the tune of Rs.4,90,000.00 in favour of the claimant.