DINKAR JOSHI Vs. NITIN TIWARI

JUDGEMENT

(1.) Both the appeals are the outcome of same award passed by the IInd Additional Motor Accident Claims Tribunal, Hoshangabad in MVC No. 73/03 whereby MVC filed by the appellant of appeal No. 945/03 Nitin Tiwari has been dismissed and the Tribunal directed that the amount towards no fault liability deposited by the appellant of appeal No. 3201/04 ( Dinkar Joshi) shall be paid to the petitioner Nitin Tiwari.

(2.) Admitted facts of the case are that the non-petitioner Dinkar Joshi, was owner of the fiat car No. MP-04C-8092 on the date of accident i.e, 15-1-2000, he was driving the vehicle on the date of accident.

(3.) Facts of the case in a nutshell are that on 15-1 -2000, Dinkar Joshi, by driving fiat car No. MP-04C-8092 rashly and negligently dashed the petitioner Nitin Tiwari, Nitin Tiwari, sustained grievous injuries and permanent disability, he spent money on treatment, he was treated in hospital, he claimed compensation amount of Rs. 48,40,000/-. The non-petitioner, Dinkar Joshi by denying the case of the petitioners pleaded that he has not caused accident by driving fiat. Nitin Tiwari was not knowing driving of scooter. At the time of accident, Nitin Tiwari was driving scooter along with his friend Sandip as a pillion rider. The accident occurred due to negligence of Nitin Tiwari. Out of sympathy, he took injured Nitin Tiwari to hospital,he is not liable to pay any compensation amount to the claimant.