NATIONAL INSURANCE CO LTD Vs. PRAKASH JAIN

JUDGEMENT

(1.) The appellant insurer has preferred this miscellaneous appeal against the award dated 28.1.1994 in Motor Accident Claim Case No. 30 of 1990 by Additional Motor Accidents Claims Tribunal, Khairagarh-link-at-Kawardha, whereby compensation of Rs. 8,400 with interest at the rate of 12 per cent per annum has been awarded to claimant-respondent No. 1, Prakash Jain.

(2.) Undisputed facts are that the claimant Prakash Jain was posted as Police Constable at Police Station, Chilphi. On 31.7.90 at about 7.30 a.m., he intended going to Kawardha. Truck No. MKK 5224, which was going from Jabalpur to Raipur came there. The claimant boarded the truck. The said truck dashed against a tanker and met with an accident. Claimant Prakash Jain was injured in the said accident. The said truck was owned by the respondent No. 2 Kochar Saw Mills and was driven by respondent No. 3 Devajee at the time of the accident.

(3.) The claimant/injured Prakash Jain filed a claim petition under section 166 of the Motor. Vehicles Act, 1988 before the Additional Motor Accidents Claims Tribunal, Khairagarh-link-at-Kawardha. It was averred in the said petition that while the claimant was looking for a vehicle to go to Kawardha, truck No. MKK 5224 came from the side of Jabalpur. Its driver, Devajee, respondent No. 3, on seeing claimant Prakash Jain, enquired from him as to where he was going, and then offered to take him in his truck, whereafter the claimant Prakash Jain boarded the truck. The claimant sustained grievous injuries in the accident. He claimed compensation of Rs. 2,19,000 on various counts, due to the injuries suffered in the accident.