JAGDEESH SHARMA Vs. MAHESH SINGH

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 14/3/2013 passed by Fourth Additional Motor Accident Claims Tribunal, Morena in Claim Case No. 207/2011, whereby the tribunal has awarded amount of Rs. 1,19,400/- towards the injuries sustained by the appellant/ injured in road accident occurred on 21/2/2011. The Insurance Company/ respondent No.3 was exonerated from the liability on the ground that the offending vehicle was not being run in accordance with policy conditions and liability for payment of amount of compensation was fixed over respondents No.1 and 2 (owner and dirver of the vehicle) jointly and severely on the ground that respondent No. 2 was having LMV licence and therefore, was not authorized to drive Max Jeep bearing registration No. UP13-L-8392, a commercial/ transport vehicle.

(3.) Precisely stated facts of the case are that on 21/2/2011 while appellant alongwith his friends Nathuram Sharma and Ramdutt were going on motorcycle NO. MP 06-HA-0127 from Morena to Bhind, it is alleged that about about 11 noon, near PS Gormi, Distrit Bhind, respondent No. 2 by driving the Max Jeep No. UP13-L-8392 rashly and negligently dashed the motorcycle, due to which appellant sustained fractures right hip bone, femur and below knee. He filed a claim case, in which the Tribunal has awarded a compensation of Rs. 1,19,400/-, however liability for payment of amount of compensation was fastened over respondents No.1 and 2 (owner and driver of the vehicle) jointly and severely.