RAKESH KUMAR BAGHEL Vs. SEVAK RAM

JUDGEMENT

(1.) The appeals have been preferred by the claimant, owner and driver aggrieved by award dated 22.8.2006 passed in Claim Case No. 48/2004.

(2.) The claimant Sevak Ram filed the claim petition on account of injuries sustained by him in an accident dated 4.11.2003 caused by Rajdoot Motorcycle (MP23-E-1716). The claimant was coming back to his house along with his bullocks from agricultural field. Motorcycle was driven rashly and negligently by Rakesh Kumar, owned by Raghvendra and it was claimed that it was insured with the New India Assurance Company Ltd.. Compensation of Rs. 6,40,000/-was claimed as fracture of femur was caused, steel rod was inserted. There was no proper re-union of the bone resulting into the permanent disability.

(3.) The driver and owner in their reply contended that motorcycle was not involved in the accident. The injury was caused to the claimant by bullock. In the FIR it was mentioned that vehicle involved in the accident was M-80, motorcycle was wrongly seized by the police.