MANGILAL Vs. PRAMOD

JUDGEMENT

(1.) THIS appeal under Section 110-D of the Motor Vehicles Act, 1939 (for short 'the M.V. Act') is directed against the award dated 1-10-1984 made by the Motor Accidents Claims Tribunal West Nimar, Mandleshwar in Claim Case No. 96 of 1982.

(2.) FACTS not in dispute for the purposes of this appeal are these. The appellant Mangilal (AW 2) at the relevant time, was employed as first driver of the bus bearing registration number M.P.U. 5034 owned by the respondent No 1 Pramod Shah and insured with the respondent No. 3. On 5-5-82 at about 9 a.m. when it was being driven by its second driver, the respondent No. 2 Gulsher, it met with an accident on the Khetia-Pansemal road near Khetia. The appellant Mangilal in his capacity as the first driver of the bus was one of the occupants of the bus. As a result of the accident the bus bumped violently and turned on its left side In consequence, the appellant sustained multiple injuries including communited fracture of tibia of the left leg. He had to remain as an indoor patient for a period of about three months and the wound of the leg had not healed up even by 7-4-84. He has suffered permanent disability due to the fracture and is not in a position to work as bus-driver.

(3.) THE owner and the driver of the accident bus remained ex-parte. The insurer alone contested the claim by denying the averments as to rash and negligent driving. The claim was also assailed as highly exaggerated.