KAMLESH KAHAR Vs. ASHIF KHAN

JUDGEMENT

(1.) The appeals have been preferred by the appellant as well as by the Insurer calling in question award dated 11 October 2004 passed by Ist Additional Motor Accident Claims Tribunal, Hoshangabad in claim case No. 14/03.

(2.) The claimant Kamlesh Kahar (aged 20 years) has preferred claim petition, he submitted that he had hired truck No. MP 04-K/2471 for the purpose of taking the garlic from Hoshangabad, at the time of accident he was traveling in connection with purchase of garlic in the truck, the truck was driven rashly and negligently due to that the truck fell down below the culvert. Kamlesh Kahar sustained injuries on the back bone, left hand, chest and other parts of the body. He was admitted in District Hospital thereafter he was admitted in Hamidiya Hospital, Bhopal. He has become totally disabled. Compensation of Rs.15,25,000/-was claimed. The respondent No.1 Ashif Khan was the driver of the truck, the truck was owned by the respondent No.2 Masih Uj Jama Aajmi and insured with the Oriental Insurance Company Limited.

(3.) The owner and driver remained ex-parte. The insurer denied the liability to make the payment of compensation inter alia on the ground that the driver was not holding valid and effective driving licence. The claimant was traveling as a gratuitous passenger.