- (1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 30.3.2011 passed by the Motor Accidents Claims Tribunal, Gautambudh Nagar in Motor Accident Claim Case No.164 of 2007 filed by the claimant-respondent no. 1 on account of the injuries sustained by him in an accident which took place on 13.10.2006 at about 6.00 P.M.
(2.) The case set-up in the Claim Petition was that on 13.10.2006 at about 6.00 P.M., when the claimant-respondent no.1 was returning home after finishing his duty at Samaiah International Builders Pvt. Ltd, the Driver of a Dumper bearing Registration No. HR-38N-5616 (hereinafter also referred to as "the vehicle in question") driving the same in a rash and negligent manner, hit the Scooter of the claimant-respondent no.1 on account of which the claimant-respondent no.1 fell down and sustained grievous injuries. The respondent no.2 was the owner of the vehicle in question while the Appellant-Insurance Company was the insurer of the vehicle in question. After exchange of the pleadings between the parties, the Tribunal framed Issues in the said Claim Case. Evidence was led in the said Claim Case. Having considered the material on record, the Tribunal recorded its findings on various Issues. The Tribunal, inter-alia, held that the accident in question took place on account of rash and negligent driving by the Driver of the vehicle in question resulting in grievous injuries to the claimant-respondent no.1. The Tribunal further held that no contributory negligence on the part of the claimant-respondent no.1 in the accident in question was established. The Tribunal further held that the Driver of the vehicle in question (respondent no.3 herein) was not having valid Driving Licence on the date of the accident in question, and the vehicle in question was being driven without a valid Route Permit.
(3.) In view of the above findings, the Tribunal passed the impugned Judgment and Order/Award dated 30.3.2011, inter-alia, awarding to the claimant-respondent no. 1, compensation amounting to Rs. 3,10,636/- with interest at the rate of 6% per annum with effect from the date of presentation of the Claim Petition till the date of final payment.;