IMRAN SHEKH Vs. BUBULAL VERMA

JUDGEMENT

(1.) This order shall also govern the disposal of MA. No.960/07, as both the appeals are arising out of one award dated 18/01/01 passed by MACT, Dewas in claim case No. 41/06, whereby claim petition filed by the appellant, on account of injuries sustained by him in a motor accident was allowed and a sum of Rs.75,479/- has been awarded by the learned tribunal, against which the present appeal has been filed for enhancement.

(2.) In MA. No.960/07 respondent no. 1 has filed an application, IA. No.7797/07, which is an application for dispensing with respondent no.1 from depositing the amount. As amount has already been deposited by respondent no.2, therefore, application is allowed. Respondent no. 1 is dispensed with from depositing the awarded amount.

(3.) Short facts of the case are that the appellant filed a claim petition alleging that on 25/10/05 at about 5:00 PM appellant met with an motor accident with Eishar Truck, bearing registration No.MP 13 E-0767, with the result appellant sustained crush injuries in his right hand. Appellant was hospitalized from 25/10/05 to 18/10/05 at Gokuldas Hospita, Indore, where appellant was operated. In the claim petition it was held that accident occurred because of rash and negligent driving of offending truck which was owned and driven by respondent no.1 and was insured with respondent no.2. The claim petition was contested by the respondent no.2 on various grounds including on the ground that respondent no. 1 was not having valid driving licence at the relevant time. After framing of the issues and recording of the evidence learned tribunal allowed the claim petition filed by the appellant holding that appellant sustained permanent disability and awarded a sum of Rs.75,479/-. So far as the liability of payment of compensation is concerned, learned tribunal held that since the offending vehicle was heavy motor vehicle and respondent no. 1 was possessing the licence for light motor vehicle, therefore, respondent no. 2 shall make the payment of awarded amount to the appellant and will have an option to recover the amount from respondent no.1.