BALKRISHNA Vs. MAHABALIPRASAD TIWARI AND ORS.

JUDGEMENT

(1.) THIS is an appeal filed by the Appellant against an order of the Motor Accidents Claims Tribunal, Indore, dismissing the claim petition filed by him for compensation.

(2.) ON 29th March 1963, at about 9 P.M., on the road coming from Nandanagar, Indore, and leading to Malwa Mills, a car bearing No. MPE 3982 belonging to the Respondent No. 2 was coming from Nandanagar and going towards Malwa Mills. The Appellant was coming from Malwa Mills, along with his friend Vasant, and was going to Nandanagar. Before the Appellant reached the Patnipura, Chouraha, the rear wheel of the right side of the car flew off the car and dashed against the right leg of the Appellant the Appellant fellow The car then stopped at a distance of about thirty feet from the place of occurrence. As a result of this accident, the Appellant sustained a fracture in the right leg and was removed to the M.Y. Hospital, Indore, where he was put under plaster. He has been permanently disabled due to this accident, and is not in a position to pursue his daily work in the manner in which he used to pursue. The Appellant, therefore, filed a petition before the Tribunal claiming compensation amounting to Rs. 19,000/ - .

(3.) SO far as the person driving the car is concerned there appears to be some controversy. According to the findings of the Tribunal, it has not been established as to who was driving the car. But regarding the ownership of the car, there appears to be no doubt that it was owned by the Respondent No. 2, who is the son of the Respondent No. 1. As regards the insurance company (Respondent No. 4) the finding of the Tribunal is that on the date of the accident the car was not insured and, therefore, the Respondent No. 4 is not liable.