R P GAUTAM Vs. R N M SINGH

JUDGEMENT

(1.) THE appellant/claimant has come forward with this appeal being aggrieved by the award dated 5-2-1999 passed by 6th Additional Motor Claims Tribunal, bhopal in M. C. C. No. 158/97 dismissing his claim in respect of injuries sustained by him in vehicular accident.

(2.) THE appellant/claimant filed his claim contending that on 15-4-1996 at about 5. 45 p. m. when he was standing with his moped at some auto garage of Rachna Nagar bhopal. At the same time he was dashed by scooter bearing registration No. M. P. 04-A. D. 9978 driven by respondent No. 1 in rash and negligent manner, he fell down and sustained injuries in the lower part of right leg. He was taken to hospital where his MLC report was prepared and fracture of tibia bone was suspected for which he remained admitted there. Subsequently he took the treatment of Dr. Nirbhay Shrivastava and dr. A. Banerjee between 27-7-1996 to 31-3-1997. He suffered three surgical operations during the treatment of such fracture and spent a huge amount in it. He sustained permanent disability in his leg. The respondent no. 1 was the registered owner of offending vehicle while the same was insured with respondent No. 2. With these pleadings the claim for compensation of Rs. 3,00,000/-was filed.

(3.) IN reply of respondent No. 1 by admitting the collusion of his scooter with the luna of appellant, it is stated that appellant sustained some simple,injury in it. He took him to the hospital and provided preliminary treatment. Such incident was happened due to fault of the appellant himself. Thus, he is not liable to indemnify the claim of the appellant. On holding any liability the same be saddled against respondent No. 2 the insurer as the scooter was insured with it.