STATE OF MADHYA PRADESH Vs. BRIJESH DHAKAD

JUDGEMENT

(1.) This Miscellaneous Appeal has been filed by the State being aggrieved by award dated 11.07.2017 passed in Claim Case No.87/2015 by the Court of Motor Accident Claims Tribunal Shivpuri, district Shivpuri on the ground that no accident had taken place from charge sheeted vehicle as can be seen from the evidence of appellant No.3/non-claimant No.1 Deepchand S/o Naval Singh Jatav, Constable No. 548 (driver).

(2.) It is submitted by learned counsel for the appellants that this vehicle has been falsely implicated and driver of the charge-sheeted vehicle was not arrested at the instance of claimant or on the identification of claimant, hence issue of negligent driving of appellant No.3/non-claimant No.1-Deepchand of the charge sheeted vehicle was not properly proved. It is also submitted that driver Deepchand has been acquitted by the trial Court dealing with his criminal case where he was charged under the provisions of Sections 279 and 338 of IPC but all these vital facts have not been considered by learned Claims Tribunal, and therefore, appeal be allowed.

(3.) Learned counsel for the respondent/claimant, on the other hand, submits that he has filed cross-objections under provisions of Order 41 Rule 22 C.P.C valuing such cross-objections at Rs.1,00,000/- and has paid court fees of Rs. 2500/- seeking enhancement of claim amount awarded by the claims tribunal.