SATYANARAYANAN Vs. RAMESHWAR

JUDGEMENT

(1.) -BEING aggrieved by the award dated 30. 4. 2007 passed by Twelfth motor Accidents Claims Tribunal, Indore in Claim Case No. 137 of 2005 whereby the claim petition filed by the appellant on account of injuries sustained by him in motor accident was allowed and a sum of rs. 48,430 was awarded and respondent no. 2 was exonerated, the present appeal has been filed.

(2.) SHORT facts of the case are that the appellant filed a claim petition alleging that on 13. 4. 2005 appellant was going on a motorbike bearing registration No. MP 09-LG 3229 as pillion rider. It was alleged that said motorbike was owned and driven by respondent No. 1 and insured with the respondent No. 2. It was alleged that said motorbike met with accident with unknown motorbike, with the result appellant sustained fracture of tibia and fibula in right leg. Appellant was hospitalised at Verma union Hospital from 13. 4. 2005 to 29. 4. 2005 where appellant was operated and rod was inserted. Medical evidence was adduced according to which permanent disability was to the extent of 14 per cent. Further case of the appellant was for awarding of compensation under section 163-A of the motor Vehicles Act. The claim petition was contested by respondent No. 2 on various grounds including on the ground that the respondent No. 2 is not liable for payment of compensation.

(3.) AFTER framing of issues and recording of evidence, learned Tribunal allowed the claim petition and awarded a sum of rs. 48,430 break-up of which is as under: <FRM>JUDGEMENT_1467_ACJ_2009Html1.htm</FRM>