NATIONAL INSURANCE CO. LTD. Vs. MOHAR SINGH

JUDGEMENT

(1.) This appeal is directed by the appellant/insurer, being aggrieved by the Award dated 2-8-2006 passed by the Addl. Motor Accident Claims Tribunal, Bhopal in M.C. No. 195/05 awarding the claim of respondent No. 1 for the sum of Rs. 79,000/- and the interest holding the joint and several liability to pay the sum against the appellant and respondent Nos. 2 and 3.

(2.) The facts giving rise to this appeal in short are that on dated 22-7-2003 respondent No. 1 herein, being cleaner of the truck bearing registration No. MP-09-K-8394, was travelling in the same from Bhopal to Mandideep. On the way, in village Misrod, a Truck bearing registration No. MP-04-K- 4150 was stationed at the center of the road and due to such negligence of respondent No. 2, even after taking care and caution, his truck collied with the aforesaid stationed truck as a result of which he sustained injuries. He was taken to the hospital where his MLC report was prepared. Due to injuries sustained in the accident he sustained permanent disability. As per further averments, the offending truck was registered in the name of respondent No. 3 while insured with the appellant. With respect of the offence, the F. 1. R. was lodged at Police Station Misrod. After holding the investigation, the chargesheet was filed against respondent No. 2. The respondent No. I was earning Rs. 2000/- per month. Subsequent to the accident he is not in a position to work as before. In such premises. the claim for the compensation of Rs. 2,80.000/- was filed by respondent No. 1.

(3.) In the joint reply of respondent Nos. 2 and 3, the averments of the claim petition are denied. The claim is preferred on false and fabricated grounds. Respondent No. 2 had a valid and effective driving license to drive the offending vehicle hence on holding any liability against them the same be saddled against the appellant as the vehicle was insured with it.