SHAMEULLAH KHAN Vs. SHEIKH MEHBOOB BASHA

JUDGEMENT

(1.) This appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988 against the award passed by the Additional Member Motor Accident Claims Tribunal, Burhanpur in Claim Case No. 05/2004 for enhancement of the impugned award.

(2.) It is admitted fact that the Truck bearing registration no. PY 01 K 8132 was owned by respondent no. 1 and respondent no. 2 was the insurer of the said vehicle. Appellant was the driver of Truck bearing registration No. MP 81 A 3864 owned by respondent no. 3 and insured with respondent no. 4. On the date of incident that on 17.07.2002, the appellant, driving Truck No. MP 81 A 3864 was going from Nepanagar to Secunderabad on Highway No. 7. Truck No. PY 01 K 8132 coming from the opposite direction which was driven rashly and negligently by Feroze Basha dashed into the appellant's truck wherein his truck was totally damaged. The appellant sustained grievous injury in his left eye, hand & little finger of his left foot and third finger of his right foot was amputated. The driver of Truck No. PY 01 K 8132 died due to the accident. On the above grounds, the appellant claimed compensation to the tune of Rs. 13,85,017.48/- from the respondents jointly and severally. Learned counsel for the appellant placed reliance on the judgement passed by the Hon'ble Supreme Court in the case of Rajan v. Soly Sebastian & Another reported in (2015) 10 SCC 506 and Jakir Hussain v. Sabir & Ors. reported in (2015) 7 SCC 25

(3.) Respondent no. 2 has denied the claim and stated in the written statement that, at the time of incident, driver of Truck No. PY 01 K 8132 had valid and effective driving licence. Appellant himself was negligent while driving his truck and therefore, he was liable for the accident. Respondent no. 1 denied the claim of the appellant on the same grounds.