MOHAN Vs. BHERULAL

JUDGEMENT

(1.) BEING aggrieved by the award dated 5. 7. 2005 passed by Additional m. A. C. T. , Kukshi, District Dhar in Claim case No. 72 of 2002 whereby the learned tribunal assessed the compensation on account of injuries sustained by appellant as rs. 7,750 but dismissed the claim petition filed by the appellant on the ground that the appellant failed to prove that respondent no, 1 was driving the offending vehicle rashly and negligently, hence, the present appeal has been filed.

(2.) SHORT facts of the case are that the appellant filed a claim petition alleging that on 16. 5. 2001 when the appellant was coming in a truck bearing registration No. MP 14-B 1110 along with livestock of animals and was travelling for the safety of animals at that time accident occurred. It was alleged that respondent No. 1 was the owner and driver of the offending vehicle while the same was insured with respondent No. 2. It was alleged that the matter was reported with Police Station, gandhwani. It was alleged that because of the accident, appellant sustained injuries, hence the claim petition was filed.

(3.) RESPONDENT No. 1 submitted written statement wherein all the allegations made in the claim petition were denied. It was prayed that the suit be dismissed. Respondent No. 2 also submitted the written statement wherein allegations made in the claim petition were denied. It was also alleged that the respondent No. 1 was not having valid driving licence at the relevant time. It was prayed that the claim petition be dismissed.