MAHESH KUMAR Vs. HARI SHANKER PATEL

JUDGEMENT

(1.) This judgment shall govern the disposal of M.A. Nos. 314 and 331 of 1999 filed against the award dated 30.1.1999 passed by the M.A.C.T., Shajapur in Claim Case No. 53 of 1999.

(2.) Appellant/claimant's case, in brief, was that he was engaged as a cleaner on Matador No. MP 13-B 6084, owned by the respondent No. 1 and driven by respondent No. 2. On 29.5.1994 respondent No. 2 drove the Matador in a rash and negligent manner, resulting in overturning near Convent School, Shajapur, on the culvert of the canal wherein the appellant sustained grievous injury in his left leg and ultimately it was amputated below the knee. He filed claim and sought compensation of Rs. 4,75,000. The respondent resisted the claim. Respondent No. 3, the insurance company, inter alia, pleaded that the respondent No. 2 had no valid and effective licence and, therefore, it was not liable to pay compensation. The Tribunal on appreciation of evidence held that the accident occurred due to rash and negligent driving of the Matador by respondent No. 2, as a result of which the appellant sustained fracture of his right leg which was later amputated and awarded the compensation of Rs. 1,30,000 and directed the appellant- owner and the respondent-non-applicant driver and the insurance company to pay Rs. 12,000 and appellant-owner and driver to pay Rs. 1,18,000 with interest. Appellant- claimant filed M.A. No. 314 of 1999 for enhancement and appellant-non-applicant owner of the vehicle of the minibus filed M.A. No. 331 of 1999 against exoneration of the insurance company from paying compensation and also for reducing compensation amount.

(3.) Mr. Rajpal, learned counsel for the appellant, submitted that the Tribunal committed error in holding that the respondent No. 2 was not having valid licence. He further contended that the amount of compensation awarded by the Tribunal is on lower side. On the other hand, Mr. H.G. Shukla, learned counsel for the respondent No. 3 insurance company supported the impugned award.