Decided on December 31,2012

Mohd Sharikh Siddiqui Appellant
Rudra-Bilas Sehkari Sugar Factory And Others Respondents


- (1.) Since both these appeals are directed against the same impugned award dated 14.11.2005 passed by Motor Accident Clams Tribunal Nainital in M.A.C.T. Case o. 74 of 2004, Mohd. Sharikh Siddiqui vs. Rudra-Bilas Sahkar Sugar Factor and others, therefore, both the appeals are being decided by this common judgment.
(2.) Brief facts of the case giving rise to these appeals are that on 30- 1-2004 at about 5.30 p.m. claimant Mohd. Sharikh Siddiqui was coming to Haldwani from Moradabad by his Maruti Car bearing registration No. DNB-1044. When he crossed the railway crossing on Rudrapur-Bilaspur road, all of a sudden a passenger Bus No. U.P. 22/3921, which was coming from Rudrapur and was being driven rashly and negligently by its driver, hit the ill-fated Maruti Car with the result the claimant suffered grievous injuries on different parts of his body including head, facel leg and jaws. The claimant was taken to Sanjivini Hospital Rudrapur, from where he was referred to higher center due to lack of proper medical facilities. The claimant got himself treated at some other hospital in Moradabad. He remained in coma and was hospitalized for about one month. The claimant suffered permanent disability due to the accident. According to claimant he was earning Rs. 4,000/- per month and other allowances as driver of Maruti Car and has already spent a sum of Rs. 1,50,000/- towards medical expenses. The claimant has filed the claim petition for a compensation of Rs. 9,00,000/- on different counts. The claimant has arrayed owner of the offending bus, namely, Rudra Bilas Sahkari Sugar Factory as opposite party No.1, Juned Mukhtar, the owner of Maruti Car as O.P. No.2, the insurer of Maruti Car, National Insurance Company as O.P. No.3 and the insurer of Bus No. UP 22/3921, namely, New India Assurance Company.
(3.) The O.P. No.1, owner of the offending Bus filed written statement and admitted the factum of accident but asserted that the accident had occurred due to rash and negligence of the claimant himself who was driving the offending Maruti Car. The driver of the Bus was having valid driving license.;

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