CHANDRABHAN SINGH Vs. UTTAM SINGH AND ORS.

JUDGEMENT

(1.) This is an appeal preferred by the driver of the offending vehicle under Section 173 of Motor Vehicles Act, 1988 (for brevity, the 'Act') being aggrieved by the award dated 21.04.2005 passed by the Second Additional Motor Accident Claims Tribunal (for brevity, the 'Tribunal') Ashoknagar, Guna (M.P.) in Claim Case No.15/2004, whereby the claim petition filed by the respondent No.1/claimant for compensation on account of the injuries sustained in the accident was allowed and compensation of Rs.20,000/- was awarded in his favour.

(2.) The facts of the case in short are that on 22.10.2003 at about 11 A.M., claimant/respondent No.1 was riding his Rajdoot Motor Cycle to reach his destination. When he reached near hand pump at village Bhadon, the offending vehicle Ford Holland tractor having registration No. MP-08-H-5845 rashly and negligently driven by driver Chandrabhan Singh, dashed the motor-cycle, due to which he fell down and sustained injuries in his right shoulder, ribs, right side of cheek, legs and hands. The motor-cycle also sustained damage. At the time of accident Mahaveer Jain was present on the spot who took him to the Civil Hospital, Ashoknagar. After getting primary treatment, he was referred to the District Hospital, Guna for X-ray examination and further treatment. In the X-ray examination, a fracture was found in his chest. Thereafter, he was admitted for treatment in the private hospital belonging to one Dr. Rajiv Gupta. The incident was reported to the Police Station Kachnar and FIR bearing Crime No.161/2003 was registered for commission of offences punishable under Section 279 and 337 of IPC. The police later filed charge-sheet against the appellant/driver of the tractor before the competent court.

(3.) The respondent No.1 filed the claim petition under Section 166 of the Act, claiming compensation amounting to Rs.2,07,000/- against the non-applicants as jointly and severally, which was decided by the impugned award dated 21.04.2005 and the appellant was directed to pay Rs.20,000/- with 9% annual interest since filing of the claim petition till realization of the claim amount to the claimant for the injuries sustained in the accident. Being aggrieved by the finding recorded by the Tribunal, the appellant/non- applicant No.2 Chandrabhan Singh has filed the instant appeal.