HAMENT RATHOUR Vs. JANDEL 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 14/8/2012 passed by Fifth Additional Member Motor Accident Claims Tribunal, Gwalior in Claim Case No. 179/2011, whereby the tribunal has awarded amount of Rs. 53,126/- towards the injuries sustained by the appellant/ injured in road accident occurred on 21/8/2011. 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 & 2( owner and driver of the offending vehicle), on the ground that respondent No. 2 was having LMV licence and therefore, was not authorized to drive Tata 407 bearing registration No. MP-06-ER-5858, a commercial/ transport vehicle.

(3.) Precisely stated facts of the case are that on 21/8/2011 when appellant was going alongwith with friend on motorcycle from Birla Nagar Railway Station to Old Cantt. as pillion rider, it is alleged that at about 1.00 in the noon, they reached near IIITM College, respondent No. 2 by driving the offending vehicle rashly and negligently dashed the motorcycle, due to which he sustained grievous injuries in his left leg. He also sustained injuries on other body parts. He filed a claim case, in which the Tribunal has awarded a compensation of Rs. 53,126/-, 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.