SUMAN Vs. KASHMIR SINGH & ORS

JUDGEMENT

(1.) These appeals have been preferred as against the award dated 11.5.2000 passed by Motor Accident Claims Tribunal, Dabra, District Gwalior in Claim Case Nos. 46/98 and 47/98.

(2.) The appellants are husband and wife, they filed separate claim petitions claiming compensation on account of injuries sustained by them in an accident dated 4.10.1997. They were travelling in a Maruti car (MP-07E/0931), when the car reached near Gwalior, it was dashed by a truck (HR-38/9434), driven by Sardar Kashmir Singh owned by Ashok Kumar and insured with Oriental Insurance Co. Ltd. The claimants sustained injuries, car was also damaged, Sanjeev sustained fracture of right patela bone, report of incident was lodged, injuries were also sustained by Smt. Suman, report of the incident was lodged, crime was registered against driver of the truck at Crime No. 282/97 at the concerned Police Station. Treatment was obtained by Sanjeev in Grover Maternity and Surgical Home, Murar, surgery was performed, compensation of Rs. 15,70,000 was claimed by Sanjeev whereas on account of injuries sustained by Smt. Suman compensation of Rs. 2,60,000 was claimed.

(3.) The driver and owner were proceeded ex parte. Insurer in its written statement contended that driver of the truck was not having valid and effective driving licence to drive the vehicle, driver of the car was also not having licence, it was a case of composite negligence, thus, driver, owner and insurer of car were also necessary parties. Intimation of accident was not given as such it was a case of collusion between driver, owner and claimants.