PADAM SINGH AND ANOTHER Vs. RAMESH CHANDRA SHARMA

JUDGEMENT

(1.) Regard being had to the similitude of the facts and controversy in question, this appeal is heard analogously alongwith M.A. No. 966/2008 and a common order is passed which covers the fate of both the appeals. For convenience's sake, facts of the case narrated in M.A. No. 1165/2008 are taken into consideration.

(2.) In this appeal under Section 173 of the Motor Vehicle Act, 1988 challenge has been made to the award dated 27/06/2008 passed by X Motor Accident Claims Tribunal, Gwalior in Claim Case No. 02/2006. Present appellants are the owner and driver of the vehicle wherein the tribunal has awarded Rs. 65,000/- in sum total as compensation under different heads to the respondent/claimant on account of injuries sustained by him due to accident occurred on 15/03/2005 by the vehicle Eicher Tractor bearing Registration No. MP08 D 4003 of ownership of appellant No. 2. Appellant No. 1 is the driver of the vehicle at the relevant point of time and appellant No. 2 is the owner of the vehicle. Admittedly the vehicle was not insured and therefore, liability has been fastened by the tribunal over the owner and driver respectively.

(3.) Precisely stated facts of the case are that on 15/03/2005 respondent along-with his brother Pannalal on motorcycle bearing registration No. MP08 D 4065 was coming at Berad wherein due to negligence and rash driving of appellant No. 1 (tractor driver) of tractor of ownership of appellant No. 2 had suddenly turned midway over the road which caused the accident in which respondents suffered grievous injuries. Driver of the vehicle i.e. appellant No. 1 escaped from the spot on which a police case was registered and appellant No. 1 was arrested and vehicle was seized. Respondent/injured confined to medical treatment at J.H. Hospital, Gwalior since 15/03/2005 till 22/05/2005 and because of head injury the ability to comprehend (of respondent) has been compromised and he suffered memory loss also. Besides that he sustained injuries of permanent nature therefore, claim application has been filed for grant of compensation of amount Rs. 10,70,000/-.