LAWS(MPH)-2017-5-121

VIRENDRASINGH RANA Vs. PRATAP SINGH

Decided On May 11, 2017
Virendrasingh Rana Appellant
V/S
PRATAP SINGH Respondents

JUDGEMENT

(1.) Claimant has filed this appeal being aggrieved by award dated 10.11.2003 passed by the Court of 8th Additional Motor Accident Claims Tribunal, Gwalior, whereby claim case No. 11/2002 has been rejected on the ground that claimant has failed to point out negligence of the driver, as a result he is not entitled to any compensation.

(2.) Brief facts leading to the present appeal are that on 24.1998 at about mid night claimant/appellant was travelling from Bhind to Gohad in a car bearing No.MP 07 W 1784 driven by respondent No. 1 which was insured with respondent No. 3. As per the claimant, respondent No. 1 was driving very carelessly and at high speed, as a result steering of the car wavered and car collided with a tree on roadside. It is alleged that due to the accident, claimant suffered multiple injuries and his spleen had burst. The incident of accident was reported at police Choki, Barohi, Distt. Bhind and thereafter FIR was lodged at police Station, Dehat Bhind, and the car was confiscated and claimant was taken to District Hospital where he was given first aid and thereafter he was treated at K.G.Hospital, Morar, where he was operated for removal of spleen and remained admitted in K.G. Hospital rom 3.1998 to 15.3.1998. It is submitted that he was working as General Secretary of a political party in the District Unit and because of removal of spleen he has suffered infirmity and is not able to perform his work properly.

(3.) Defendant No. 1 in his defence had taken a stand that he was driving the car at normal speed when all of a sudden a blue bull (Generic name : Rohira) came on the road, as a result incident had taken place and there was no negligence from his side and the car was owned by respondent No. 2 and was insured by respondent No. 3, therefore, he has no liability to pay any compensation. Insurance Company had taken a plea that driver was not having a valid driving licence to drive the vehicle and since the vehicle was driven in violation of the conditions of insurance policy, the Insurance Company is not liable to pay any compensation.