HARIPAL SINGH Vs. RAJESH

JUDGEMENT

(1.) This appeal has been preferred being aggrieved by the award dated 27.11.2000 passed by the II Additional Motor Accident Claims Tribunal, Seoni in M.C.C.No.08/1998, whereby the claim petition filed by the appellant under Section 166 of the Motor Vehicles Act has been rejected.

(2.) The facts of the case in short are that the respondent No.1 and 1(a) are the registered owner of Tempo Trax No.MP-22-B-6276. The appellant was employed as a driver on this vehicle at the rate of Rs.1,500/-per month and on the direction of the vehicle owner the appellant was coming from Jabalpur to Seoni. He was driving the vehicle with due caution but on account of failure of brake and steering the accident occurred. The appellant sustained the grievous injuries. The report was lodged at Police Station Dhuma. The appellant was treated at Jabalpur and Nagpur hospitals. He has sustained the permanent disability, therefore, filed the claim petition claiming the compensation of Rs.8,06,300/- to be awarded by the respondents.

(3.) The respondent No.1 and 1(a) did not file the written statement and also not took part in the proceeding. The respondent No.3 filed the reply denying the facts disputing the claim and its liability.