SUBODH SHARMA Vs. SATENDRA SINGH

JUDGEMENT

(1.) THE appeal has been preferred by the claimant aggrieved by the award dated 29. 8. 2003 in Claim Case No. 70 of 2002 passed by Third Motor Accidents claims Tribunal, Fast Track Court, dabra, District Gwalior.

(2.) CLAIMANT preferred the claim petition as against the respondent claiming compensation on account of personal injuries sustained in an accident dated 20. 3. 2001 caused by motor cycle No. MP 07-K 0009 driven by respondent. For the treatment of injuries the claimant remained admitted for 10 days in the hospital at Dabra, consequently, he claimed compensation of rs. 5,00,000. The claimant was doing the work of contractor, he has spent a sum of rs. 20,000 in the treatment, his age was 42 years at the time of accident.

(3.) RESPONDENT in the reply contended that excessive compensation was claimed, simple injuries were caused, in order to avoid the harassment the guilt was admitted in criminal case, claim petition is liable to be dismissed. The Tribunal has determined the compensation at Rs. 7,000 on account of personal injuries sustained in the accident, however, declined to grant it on the basis of decision in Commissioner, coal Mines Welfare Organisation, Dhanbad v. Parma Nand Thakur, 1985 ACJ 290 (Patna) and the Tribunal has held relying upon the aforesaid decision that as the vehicle was not insured, the claim petition was not maintainable before the Tribunal.