NEW INDIA ASSURANCE CO LTD Vs. SHAILESH YADAV

JUDGEMENT

(1.) THIS is an appeal under Section 173 of Motor Vehicles Act, 1988, against the award dated 23. 4. 1997, passed by the 5th Additional Motor Accidents Claims Tribunal, Raipur, in Claim Case No. 79 of 1989, holding the appellant insurance company liable to pay compensation of Rs. 50,000/- to the respondent/claimant with interest at the rate of 12 per cent per annum.

(2.) THE claimant/respondent No. 1, filed an application under Section 110-A of the Motor Vehicles Act, 1939, for grant of compensation of Rs. 2,00,000/- for the injuries sustained by him in accident with the car bearing registration No. MKS 88, on 5. 7. 86. It was alleged that the claimant/respondent No. 1 was going from main road to Turihatri road when offending car bearing registration No. MKS 88, owned by the respondent No. 2 and being driven by the respondent No. 3, in a rash and negligent manner, hit against the claimant near Lohar Chowk, causing him grievous injuries with multiple fracture, which resulted in permanent disability to the claimant/respondent. The claimant was admitted to D. K. Hospital, Raipur, for his treatment. The accident was reported to the local police station at Raipur and a case under Section 279, 337 and 338 was registered against the driver respondent No. 3.

(3.) THE claim was opposed by appellant insurance company. The specific defence of the appellant insurance company was that the respondent No. 3 was holding licence for driving light motor vehicles, but not the offending car, which was being used as a transport vehicle and was registered as taxi.