- (1.)The appellant has preferred this appeal under Section 173 of the Motor Vehicles Act, 1973 against the award dated 23.12.2006 passed by Additional Motor Accident Claims Tribunal, Sihora in M.V.C. No.05/2004 whereby, the appellant claimed an amount of Rs.3,00,000/-compensation.
(2.)A claim petition was filed against the respondents by the appellant in the Claims Tribunal, Sihora on this ground that on 30.5.2002, the driver Jai Singh was driving the dumpher bearing number M.P.20-G/5973 rashly and negligently. The respondent Ajay Kumar Shaijwani was the owner of the said dumper and this vehicle was insured with the Oriental Insurance Company. On 30.5.02, the dumper met with an accident in which the appellant was sitting and he sustained grievous injuries. The appellant/applicant was doing business. He was owner of a tea and pan shop and was also doing agricultural work. He was earning Rs.300 to 500/-per month from this shop. Now, he is not able to perform his work.
(3.)The Claims Tribunal found that the appellant/applicant sustained grievous injuries and he was unable to do his work and on the basis of statement of Dr. Ravi Choudhary, the applicant was 40% disabled because of injury sustained by him and after calculating the amount on various heads, the appellant/applicant was awarded a sum of Rs.1,27,000/compensation. It was ordered that this amount shall be given by the Insurance Company, but since, the vehicle was being used in contravention of conditions of policy, therefore, the Insurance Company can recover this amount from the owner of the vehicle.