VISHAMBHAR SINGH Vs. HAKEEM KHAN

JUDGEMENT

(1.) THE appellant-claimant has filed this appeal under section 173 of the Motor Vehicles Act, 1988 against the award dated 28.2.2003 passed by Ninth Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 53 of 2000, for enhancement of compensation.

(2.) ON 17.3.2000, appellant-claimant had been travelling in a jeep bearing No. MP 07-H 1798. Due to rash and negligent driving of the driver of the jeep, it turned turtle. In the aforesaid accident appellant- claimant received serious injuries over his body. Report of the accident was lodged at Police Station, Panihar, District Gwalior. The appellant was admitted at J.A. Group of Hospitals, Gwalior and thereafter, he was treated at various hospitals and a number of operations were performed on him. Thereafter, the appellant-claimant filed a claim application under section 166 of the Motor Vehicles Act before the Claims Tribunal claiming total compensation of Rs. 24,15,000. The Claims Tribunal has held that the accident occurred due to rash and negligent driving of the driver of the jeep No. MP 07-H 1798. It was insured at the relevant time by New India Assurance Co. Ltd., respondent No. 3. The insurance company failed to prove that the driver of the jeep did not have a valid and effective driving licence at the time of accident. After considering all the evidence on record the Tribunal awarded a compensation of Rs. 1,97,493 in favour of claimant.

(3.) LEARNED counsel for the insurance company has not disputed the fact that the vehicle was not insured at the relevant time, hence, the appeal has been decided with regard to quantum of compensation.