RAM BHAGAT GOUTAM Vs. JETHANAND HARWANI

JUDGEMENT

(1.) THIS appeal has been preferred by the claimant for claiming higher compensation owing to the injuries sustained by him in an accident dated 7-10-2000 and for saddling liability on the Oriental Insurance Co Ltd. 1st motor Accident Claims Tribunal, Katni as per award dated 19-12-02 passed in claim Case No. 588/2000 has awarded compensation of Rs. 35,000 on account of fracture of clavicle bone sustained by the claimant along with interest at the rate of 7% per annum from the date of filing claim petition till realization.

(2.) CLAIMANT Rambhagat, aged 25 years, filed a claim petition claiming compensation of Rs. 5,10,000. It was submitted that at about 11. 30 PM on 7-10-2000 when claimant was going on Hero Puch (MP-21b/4642) to Katni, he was dashed by a motor cycle (MP21-B/7934), driven by Jethanand Harwani. owned by Kailash Poptani and insured with Oriental Insurance Co. Ltd. He sustained fracture of clavicle and incurred permanent disability. Claim petition was filed on 21-12-2000 after about two months of the accident.

(3.) OWNER and driver remained ex parte before the Claims Tribunal. Insurer in the written statement contended that motorcycle was not involved in the accident, some unknown motorcyclist dashed Hero Puch as apparent from the documents of criminal case, report was lodged belatedly, only simple injuries were sustained, no disability certificate was filed with the claim petition. Jethanand was not having valid and effective driving licence, thus, insurer was not liable to make payment of compensation.