CHANDMAL Vs. LAXMINARAYAN

JUDGEMENT

(1.) BEING aggrieved by the award dated 24. 3. 1999 passed by First m. A. C. T. , Mandsaur in Claim Case No. 167 of 1998 whereby the claim petition filed by the appellant was dismissed, the present appeal has been filed.

(2.) SHORT facts of the case are that appellant filed a claim petition before the learned tribunal for realization of Rs. 1,80,000 alleging that on 2. 11. 1997 when the appellant was going to his dhaba (hotel) on a motorbike he met with an accident with a tempo bearing registration No. MP 04-F 9785 which was being driven rashly and negligently by respondent No. 1. It was also alleged that offending Tempo was owned by respondent No. 2 and was insured with respondent No. 3 at the relevant time. It was alleged that respondent No. 1 turned Tempo towards right side without any indication, with the result, appellant who was going behind Tempo, collided with Tempo. It was alleged that due to accident, the appellant sustained grievous injuries. Appellant was brought to District hospital, Mandsaur where it was found that there were compound fractures in left leg of the appellant. It was alleged that criminal case was registered against the respondent No. 1. On the basis of these allegations, claim petition was filed.

(3.) THE claim petition was contested by the respondents including respondent No. 1. In the written statement it was submitted by the respondent No. 1 that at the relevant time respondent No. 1 was dropping the passengers at City Kotwali and offending tempo was stationary. It was alleged that it was rash and negligent driving of the appellant who dashed the stationary Tempo. Apart from this, appellant was in drunken condition. It was prayed that claim petition be dismissed.