ASHOK KUMAR AGRAWAL Vs. OM PRAKASH

JUDGEMENT

(1.) Heard counsel.

(2.) The appellant-claimant is an advocate who has filed this appeal under section 173 of the Motor Vehicles Act, 1988, to seek enhancement of the amount of compensation awarded and also against order of Tribunal absolving the respondent No. 3 from its liability for the breach of the terms of the policy.

(3.) The facts giving rise to this appeal are thus: The appellant was travelling as a passenger on payment of fare for going to Gwalior in jeep No. MP-07-B 0966 which was driven by respondent No. 1, owned by respondent No. 2 and insured with the respondent No. 3. The said jeep met with an accident on way near village Patara. As a result of which the appellant received injuries. The appellant averred that due to injuries he could not discharge his duties of his legal profession properly for a period of two months. Appellant claimed compensation of Rs. 1,25,500 for the injuries suffered by him. The owner and driver of the jeep remained ex pane before the Tribunal. The respondent No. 3 contested the claim on the ground that the jeep was insured as private car which could not have been used for carrying passengers for hire or reward. The Tribunal after appreciation of evidence found that the appellant received six simple injuries, proved by the medical evidence of Dr. C.P. Suman, AW 1, injury certificate is Exh. P/l. Looking to the nature of the injuries, on sympathetic consideration, the Tribunal awarded pecuniary damages for the loss of earning for a period of two months at the rate of Rs. 100 per day, an amount of Rs. 6,000 and medical expenses of Rs. 2,000. Thus a total sum of Rs. 8,000 was awarded which was ordered to be paid by the respondent Nos. 1 and 2, i.e., driver and owner jointly or severally, as the insurance company was absolved from its liability as jeep was being plied as a taxi in breach of the terms of the policy Exh. D/l.