VIJAY KUMARBANSAL Vs. VINOD KUMAR RAI

JUDGEMENT

(1.) By filing this appeal under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') the appellants driver and owner of the offending vehicle have challenged the award dated 9.1.2003 passed by VI Additional Motor Accidents Claims Tribunal, Sagar in Motor Accident Claim Case No. 27 of 2002, by which the insurance company has been exonerated from the liability to pay the compensation.

(2.) Shortly stated the facts are: On 14.11.2001 the claimant, respondent No. 1 was travelling as a passenger in a Bajaj Tempo bearing registration No. MPQ 3248. As per the respondent No. 1, the said vehicle was being driven by appellant No. 1 rashly and negligently. It dashed against a 'chabutra'. Due to jerk the respondent No. 1 fell out of the said Tempo and sustained fracture of left shoulder. He filed an application under section 166 of the Act seeking compensation for the injuries to the tune of Rs. 95,000.

(3.) The appellants denied the rash and negligent driving of the appellant No. 1 and stated that in an attempt to save a scooterist, the vehicle dashed against a chabutra. They further stated that appellant No. 1 has got valid driving licence and the vehicle being insured with the respondent No. 2, the liability to pay compensation if any would be that of respondent No. 2.