SAEED-UZ-ZAMA Vs. ATHAR AYUB

JUDGEMENT

(1.) THIS is an appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') against the award dated 31. 1. 1995, passed in M. C. C. No. 72 of 1994 by Vlth Additional Motor Accidents Claims Tribunal, Bhopal.

(2.) FACTS giving rise to this appeal are thus: the appellant met with an accident on 7. 6. 1993 while he was travelling in a jeep No. MP-04-J-359 which was driven by respondent No. 1 and insured with respondent No. 2. The said jeep collided with the truck which, according to the appellant and the first information report, Exh. P-1, the truck was coming from the opposite direction, both vehicles collided, the jeep toppled down, wherein the appellant received multiple injuries in his left leg. He was admitted in Gandhi Medical College and associated Hamidia Hospital, Bhopal on 7. 6. 1993 where ultimately his left leg was amputated below the knee. He was discharged on 29. 7. 1993. Discharge certificate is Exh. P- 2. The appellant claimed compensation for the injuries suffered in the motor accident from the owner and insurer of the jeep. As the particulars of the diiver, owner and insurer of the truck were not known they were not impleaded as parties. Respondent No. 1, the owner of the jeep, was driving the jeep at the relevant time, remained ex parte. Respondent No. 2 contested the claim.

(3.) THE appellant and other occupants of the jeep admitted the correctness of the adduced first information report wherein it was stated that there was a collision between the truck and the jeep. It was stated that as soon as the jeep reached near the bridge of the river, from the opposite direction, that is, from the side of Berasia, a truck came which dashed the jeep. The Claims Tribunal dismissed the application for compensation as no negligence was proved of the jeep driver.