VIJAY SHRIVAS Vs. ABDUL SALEEM

JUDGEMENT

(1.) Both these appeals arise out of the common award, hence they are being decided by this common order.

(2.) The appellant/claimant in M.A. No. 1470/2013 has filed an application before the Claims Tribunal, Jabalpur stating that on 28.03.2012 while going towards his residence at Suhagi on the motorcycle as pillion rider he was hit from behind by Truck No. MP 33-H-1173 which was driven in rash and negligent manner by non-applicant No.1 and owned by non-applicant No.2, as a result he sustained grievous injuries. Report of the accident was lodged at Thana, Adhartal. It was claimed that the appellant/claimant was 32 years of age at the time of accident and was earning Rs. 10,000.00 per month from running a Saloon. Due to the accident both his legs were amputated and he was deprived of his income, and on these grounds a compensation to the tune of Rs. 18,20,000.00 was claimed.

(3.) The non-applicant No.3/Insurance Company in M.A. No. 1470/2013 and appellant in M.A. No. 2360/2013 filed its reply contending that the appellant himself was negligent as at the time of accident three persons were travelling on the motorcycle. It was further contended that the driver of the Truck had no valid licence nor the permit and the vehicle was driven against the terms and conditions of the policy and, prayed for dismissal of the application.