LAWS(P&H)-2006-9-13

SANT LAL Vs. SANJAY YADAV

Decided On September 13, 2006
SANT LAL Appellant
V/S
SANJAY YADA Respondents

JUDGEMENT

(1.) This is an appeal by Sant Lal, driver of the offending truck, against award dated 1-12-1988 passed by the Motor Accident Claims Tribunal, Bhiwani, whereby he has been ordered to pay compensation of Rs. one lac on account of causing injuries to claimant Sanjay Yadav (respondent No.l herein) by his truck bearing No. HYB-1195.

(2.) Briefly, the facts of the case are that on 8-8-1987 Sanjay Yadav, claimant was going to school sitting on the carrier of a cycle being driven by Amar Nath. When they crossed T Point in Circular Road, Sant Lala (appellant herein) came driving truck No. HYB-1195 in a rash and negligent manner and struck the same into the cycle, due to which Sanjay Yadav was thrown on the road and the truck crossed over his leg as a result of which he sustained multiple injuries. An FIR came to be registered against Sant Lal, driver of the offending truck, under Sections 279 / 337, IPC. Due to the accident, the leg of Sanjay Yadav got completely smashed. G.L. Yadav, father of Sanjay Yadav, tookhim to Medical College, Rohtak for treatment. Thereafter, Sanjay Yadav filed petition claiming compensation.

(3.) Upon notice of the claim petition, Sant Lal (respondentNo.l therein) filed his written statement inter alia contending that he did not cause the accident and that a false case had been registered against him. He pleaded that his truck is hypothecated with respondent No. 3-bank who was got the truck insured. Respondent No.2, namely, Insurance Company, in its written statement took up the stand that since Sant Lal, driver of the offending truck, was not possessed of a valid driving licence, it is not liable to pay compensation.