RAJENDRA KUMAR SHUKLA Vs. EHTAMAD AHMAD

JUDGEMENT

(1.) The appellant has challenged the award dated 31.3.2012 passed by Motor Accident Claims Tribunal/District Judge, Allahabad in Motor Accident Claim Petition No. 582 of 2008, whereby compensation of Rs. 2,77,000 has been awarded to the appellant on account of alleged grievous injuries sustained by him in motor accident. It appears that the appellant was coming to Allahabad from his house on motorcycle on 9.12.2007 and when at about 6.00 p.m. he reached near Major R.P. Singh Hospital Purana Fafamau, the driver of the tractor No. U.P. 705-8926 dashed with the motorcycle of the appellant, thereby causing fracture in his left leg and head injury. The appellant took treatment from 9.12.2007 to 17.12.2007 from T.B. Sapru Hospital, Allahabad and thereafter from 17.12.2007 to 23.12.2007, he was hospitalized in Jagrati Hospital. The appellant is a practising Advocate and his monthly income is Rs. 12,000. The appellant filed claim for an award of Rs. 17,00,000 against owner, driver and insurance company of the offending tractor. The case proceeded ex parte against the driver and owner aforesaid, while Insurance company contested the case inter alia alleging that no such accident took place with the aforesaid tractor; that the driver of the tractor was not having effective and valid driving licence; that owner of the tractor has violated the terms and conditions of insurance policy; that injured was himself negligent and has contributed in the accident, but the owner and insurer of motorcycle have not been arrayed as parties in the case so the claim is liable to be dismissed. In support of claim, the appellant filed. several documents including investigation report, medical bills, certified copies of F.I.R., charge-sheet, site plan, and technical report of Bullet Motorcycle etc.

(2.) The appellant has examined himself as P.W. 1. The insurance company did not adduce any evidence. On a consideration of material on record and after hearing learned counsel for the parties, the Tribunal found that the accident took place due to negligent driving of the tractor driver and the claimant suffered serious injuries and awarded amount of compensation as aforesaid.

(3.) We have heard learned counsel for the appellant and perused the impugned award.