KRISHNA PRASAD Vs. KAMAL NAIYAN ALIAS KANCHAN

JUDGEMENT

(1.) THIS Misc. Appeal is directed against the order of award passed by Sri Anwar Ahmad, Motor Accident Claims Tribunal, Nawadah, dated 14th September, 1993, The defendant -opposite party of that Claim Case No.

(2.) /88/2/99 is appellant here. 2. The case of the applicant -respondent was that on 11th November, 1987, at 6.00 p.m. he was going to the market for purchasing vegetable. He was accompanied by his cousin A.W. 1. When he reached near Karmbir Press in Bijay Bazar, Nawadah, the appellant O.P. Krishna Prasad Excise Inspector of Hasua riding Motor -Cycle bearing Regd. No. BP 1 -5704, knocked him down as a result of which he sustained fracture of his right leg. He was carried to the Hospital by Sant Kumar, his cousin where his fardbeyan was taken by the Police Officer and subsequently a case was registered in this connection for offence under Secs. 279, 337 and 338 of the I.P.C. He remained confined in the Hospital for several months and even after recovery, he failed to get his right leg completely cured. He was still walking limp -ingly. Therefore, he sustained permanent disablement of his right leg and, therefore, he claimed compensation of Rs. 35,000.00 including the cost of treatment, etc.

(3.) THE O.P. appellant appeared in the Court below and contested the respondents case on the ground, inter alia, that, of course, near the Kambir Press, he had found the respondent lying in injured condition and, therefore, he carried him to the Hospital on his Motor -cycle, because the victim was a resident of his own Mohalla. In the Hospital, he was accosted by Sant Kumar, cousin of the victim and he also went to the house of the victim to intimate his family members about the alleged occurrence. Since he had not caused the incident, he was not liable to pay any compensation.