ASHISH SHARMA Vs. AMARNATH BATHAM AND OTHERS

JUDGEMENT

(1.) With consent, heard finally.

(2.) Appellant (injured) has filed this appeal under section 173(1) of Motor Vehicles Act, 1988 being aggrieved by impugned award dated 27/9/2010 passed by Fourth Additional Member Motor Accident Claims Tribunal, Gwalior in Claim Case No. 138/2009, whereby the tribunal has awarded amount of Rs. 20,000/- towards the injuries sustained by the appellant/injured in road accident occurred on 7/4/2009. The Insurance Company/respondent No.3 was exonerated from the liability on the ground that the offending vehicle was being plied against the policy conditions at the time of accident and liability for payment of amount of compensation was fixed over respondent No.1 and 2 (driver and owner of the offending vehicle), on the ground that respondent No. 2 was having LMV licence and therefore, was not authorized to drive Auto bearing registration No. M.P.07-G-6425, a commercial/transport vehicle.

(3.) Precisely stated facts of the case are that on 7/4/2009 when appellant alongwith his uncle Keshavdayal was going on feet towards his uncle's house and reached near Dabra bridge, it is alleged that Auto being run in rash and negligent manner by respondent No. 2 dashed him, due to which he sustained fracture in his right leg and also sustained injuries on his other parts of body. He filed a claim case, in which the Tribunal has awarded a compensation of Rs. 20,000/-, however liability for payment of amount of compensation was fastened over respondents No.1 and 2 (driver and owner of the vehicle) jointly and severely.