V G SUMANT Vs. SHAILENDRA KUMAR

JUDGEMENT

(1.) This is an appeal by the claimant under Section 110D of the Motor Vehicles Act against the order dated 27-3-1974 passed by the Motor Accidents Claims Tribunal, Bhopal, in Misc. Civil Case No. 19 of 1967, rejecting the entire claim arising out of a motor accident. The Tribunal has, however, held that in ease the claimant was entitled to the award of any compensation, the amount of Rs. 5,000 would be adequate compensation in its view.

(2.) On 16-1-1967, the claimant V.G. Sumant who was posted as Post Master at Balaghat, happened to be in Bhopal. That day In the evening while he was in the market for making some purchases from a hardware shop in Jumerati Mohalla, Bhopal, and happened to be sitting on a stool outside the shop, a jeep car MPB 2844 owned by respondent No. 2 Shivnarayan Seth was parked at some distance from where he was sitting. Respondent No. 1 Shailendra Kumar, a minor son of respondent No. 2, was alleged to have driven the jeep negligently as a result of which it ran over the claimant fracturing his right ankle. The claimant contends that he spent about Rs. 1,000 over his treatment. In all, compensation of Rs. 50,000 was claimed. Respondent No. 3 is the Insurance Company with which the said jeep was insured.

(3.) The defence of respondents l and 2 was that the jeep was parked near the shop of respondent No. 2 when some children got into the jeep without the knowledge or consent of its owner the respondent No. 2 and it appears that somehow the jeep was set in motion by the mischievous children who had got into the motor vehicle with the result that the jeep started sliding down the slope on the road and injured the claimant who happened to be sitting on the road. It was also contended that the accident did not occur as a result of the use of the motor vehicle on account of which the Tribunal had no jurisdiction to entertain the claim.