GANGARAM Vs. STATE OF M.P.

JUDGEMENT

(1.) Since both the appeals, arise out of the same accident and challenging the same award, therefore, the same are being finally disposed of by common judgment.

(2.) The appellants have filed these appeals under section 173 of the Motor Vehicles Act, 1988 (for brevity, the 'Act') against the award dated 04.10.2015 passed by the Motor Accident Claims Tribunal, Morena (for brevity, the 'Tribunal') in Claim Cases No. 26/2003 and 27/2003, whereby dismissing their claim petitions for not impleading the Municipal Council Morena as party in the claim petitions.

(3.) Brief facts of the case are that on 17.01.2001 at about 7:30 am, Gangaram along with Ashok Kumar was going from MS Road towards Ramjanki Mandir, Morena by a motor cycle bearing registration No. MP06 H4375. Gangaram was driving it while Ashok Kumar was the pillion rider. When they reached near Ramjanki temple, at that time driver of the offending tractor bearing registration number CIG 2916 drove the tractor rashly and negligently and dashed against the motor cycle due to which the claimants sustained grievous injuries. The incident was reported to the Police Station Kotwali, Morena and an FIR was registered at Crime No. 702/2001 for the offence punishable under Sections 279, 337 and 338 of IPC. The claimants were brought to District Hospital Morena where they were hospitalised for a period from 17.10.2001 to 24.10.2001. After that they were shifted to Gwalior where they were treated by Dr. Ravi Goyal. Gangaram sustained fracture on his right thigh and he was operated. Due to these injuries, he sustained permanent disability and he is unable to perform his normal work. The applicant Ashok received grievous injury in the right hand and femur bone.