NANDAN TIWARI Vs. VIRENDRA KUMAR

JUDGEMENT

(1.) THIS appeal is by the claimant aggrieved by dismissal of claim petition as per award dated 22. 9. 2000 passed by Second Addl. Motor Accidents claims Tribunal, Dabra, District Gwalior in Claim Case No. 36 of 2000,

(2.) THE claimant filed a claim petition for claiming compensation with respect to an accident dated 31. 12. 1995 which took place at about 6. 15 p. m. near village Hans-khedi. When the claimant was travelling on yamaha motor cycle along with Malvendra singh and was going to Dabra, jeep (No. MP 04-G 0404)came from Dabra side, it was driven by Virendra Kumar, owned by hargovind and insured with Oriental Insurance Co. Ltd. , dashed the motor cycle, claimant sustained compound fractures of tibia and fibula, report of accident was lodged, an offence was registered under sections 279 and 337, Indian Penal Code after due investigation, driver of the jeep was charge-sheeted. Right leg of claimant has become incapacitated, claimant was a contractor earning Rs. 10,000 per month, compensation of Rs. 7,00,000 was claimed.

(3.) THE driver and owner of the jeep remained ex pane. Insurer in the written statement contended that driver of the jeep was not having valid and effective driving licence, jeep was not involved in the accident, policy was issued in the name of j. N. Tiwari for the period up to 7. 9. 1996, insurance was not transferred in the name of Hargovind after sale of jeep to him.