NEW INDIA ASSURANCE COMPANY LIMITED Vs. JAGDISH PRASAD

JUDGEMENT

(1.) - This miscellaneous appeal has been filed under Section 110-D of the Motor Vehicles Act, 1939, ('the Act' hereinafter ). The case of respondent Jagdish Prasad is that on 16. 9. 1983 at about 10. 00 a. m. he tried to board the mini-bus RNB 242 on the Jhotwara Road. The driver of the bus gave a race and started the bus, with the result that Jagdish Prasad was thrown down resulting in serious injuries to his person. The bus was owned by Mumtazuddin and the driver of the bus was Kuldeep Singh. The case of the respondent was that due to rash and negligent driving of Kuldeep Singh, the accident took place causing serious injuries to the respondent.

(2.) RESPONDENT Jagdish Prasad filed a claim before the Motor Accident Claims Tribunal, Jaipur, for a sum of Rs. 96,625/ -. It was alleged that the bus was insured by New India Insurance Co. Ltd. , Sansar Chandra Road, Jaipur. It appears that the claim was resisted by New India Assurance Company Ltd. Owner Mumtazuddin appeared but did not file any reply. Driver Kuldeep Singh was dropped by the respondent-claimant before the learned Claims Tribunal.

(3.) LEARNED counsel for claimant-respondent supports the award passed by the learned Judge of the Claims Tribunal and submits that the learned Judge of the Claims Tribunal was right in holding that claimant-respondent was not a passenger and was a third party.