BABULAL Vs. NEW INDIA ASSURANCE CO.LTD.

JUDGEMENT

(1.) THIS appeal has been finally heard as very short points are involved for adjudication.

(2.) ON 1.12.1991 at about noon, as averred by the appellant, he was riding his bicycle on Khandwa Road for going towards Barwah. When he came near the Octroi Naka, truck bearing No. UP -78 -9622 came from opposite side and dashed the appellant. The appellant fell down along with his bicycle and sustained some injuries. It has been averred by him that those injuries were serious injuries and he suffered permanent disability on account of that. A report was made in the police station and thereafter claim was preferred in Motor Accidents Claims Tribunal, Barwah.

(3.) MR . Manoj Dwivedi appearing for the appellant pointed out that evidence of appellant Babulal and witness Kailash is proving that the driver of the said truck was driving it rashly and negligently. He submitted further that the evidence of Dr, Chouhan is proving the appellant had sustained permanent disability as a result of the injuries caused by rash and negligent driving of the said truck when the accident took place. He submitted that the Tribunal should have allowed the claim by passing appropriate award.