JUDGEMENT
SANDEEP MEHTA, J. -
(1.)The instant appeal has been preferred by the appellant claimant against the judgment cum award dated 20.12.2002 passed by the Motor Accident Claims Tribunal, Bhilwara in M.A.C. Case No. 76/2000, whereby the Tribunal partially accepted the claim application filed by the appellant and awarded him, a total sum of 3,26,000/- as compensation for the injuries received by him in a road accident.
(2.)Facts in brief are that the appellant who was at the relevant time, 26 years of age, received grievous injuries in a road accident which occurred on 1.11.1999. The claimant, his wife and a friend were going from Hamirgarh to Mandal on a motorcycle bearing registration No. RJ 06 02M 0952. At about 7.00 A.M. near the Kothari river bridge a truck bearing registration No. GJ 01 5525 coming from the opposite side, collided with the motorcycle. As a result of the injuries, the appellant's right hand had to be amputed from the shoulder and he received numerous injuries on his head as well. The truck was owned by the respondent No. 1, Yadav Transport Company, its driver was the respondent No. 2, Chaturbhuj lain and the truck was insured with the respondent No. 3, The Oriental Insurance Company. A claim application under Section 166 of the M.V. Act was filed by the appellant claiming a total compensation of 24,65,000/-.
(3.)The Tribunal framed the usual issues regarding the rash and negligent driving of the truck by its driver being the cause of the accident, the entitlement of the appellant to receive the compensation, the defence raised by the Insurance Company regarding the driver of the offending vehicle not having a licence to drive the same and the owner permitting the driver to drive the vehicle knowing that he was not possessing a valid licence and the quantum of compensation. All the issues were decided in favour of the appellant and against the respondents.
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