BANSIDHAR Vs. DARASINGH

JUDGEMENT

(1.) THIS appeal is directed by the appellant/clamant under section 173 of Motor Vehicle Act (In short "the Act") being aggrieved by the award dated 19. 4. 2000 passed by Motor Accident claims Tribunal, Sagar in Claim Case No. 59/99 dismissing his claim regarding injuries sustained in a vehicular accident.

(2.) THE facts giving rise to this appeal in short are that the appellant being minor aged 16 years preferred his claim through his father the next friend contending that on 9. 12. 1998, he was going to village Hinota Kalan from village Surkhi by boarding a tractor bearing registration No. M. P. 15-F/5019, driven by respondent No. 1 in rash and negligent manner, resultantly on the way he fell down and sustained the injuries. He was taken to hospital, where his MLC report was prepared. On carrying out the x-ray, the fracture in his left leg was revealed. The incident was reported to police out post Tilli, on which a criminal case was registered against the respondent No. 1. After holding investigation, he was charge sheeted for the same. Besides the aforesaid fracture he also sustained the grievous injuries in his left eye. The huge amount of Rs. 50,000/-was spent on his treatment. He sustained the permanent disability in his left leg and also suffered the physical pain and mental agony. He was the student of 9th standard. The aforesaid tractor was registered in the name of respondent No. 2 while the same was insured with respondent No. 3. In such premises, the claim was preferred for the sum of rs. 4,00,000/- along with the interest @ 18% p. a.

(3.) AS per the case of respondent No. 1 and 2 such tractor was not driven by the respondent No. 1 in rash and negligent manner, in fact the appellant tried to board the running tractor in which he fell down and sustained the injuries. On account of such injuries appellant did not sustain any permanent disability or any deficiency in his eyesight; The claim is preferred for excessive some. On holding any liability against them, the same be saddled against respondent No. 3/insurer; as the tractor was insured with it.