BADRI LAL Vs. BHARAT SINGH

JUDGEMENT

(1.) THIS order shall dispose of M.A. Nos. 141/86 and 147/86. Both these appeals arise out of the Judgment & award dated 1.2.1986 of IIIrd Member, Motor Accident Claims Tribunal, Indore, passed in Claim Case No. 75/83, whereby the claimant-appellant Badrilal has been awarded a compensation of Rs. 89,959.75 with interest @ 12%p.a.from the date of application till realisation i.e., 22.8.83 for having sustained injuries including permanent disability of right hand to the tune of 75% and for damages to the motor cycle, in a motor accident on 24.2.1983.

(2.) THERE is no dispute that truck tanker No. CPC 736 is owned by respondent No. 2, M.P. Dairy Development Corporation, which shall hereinafter referred to as 'Corporation and was driven by Bharatsingh on the date of accident i.e., 24.2.1983. It was insured with respondent No. 3. The claimant Badrilal is the owner of Motor cycle bearing No. CPO 2343.

(3.) THE case of the NAS i.e., owner of the motor tanker, its driver and the Insurance Co. is that the claimant himself was negligent in driving the motor cycle. He was driving it in a high speed and dashed against the truck on the left rear part of the vehicle. It has also been denied that the driver of motor tanker took a sudden turn.