- (1.) Claimant- appellant Lokesh Kumar Yadav ( claimant) filed the appeal No. 2295/2007 against the award dated 4.1.2007 of the Judge Motor Accident Claims Tribunal, Neem ka Thana ( Distt. Sikar) ( in short MACT) in Claim Case No.148/2005 whereby the claim petition filed by him was allowed and he was awarded compensation in the amount of Rs. 43,510/- for enhancement of the compensation and appeal No.149 of 2008 has been filed by Subhash (driver of the vehicle No. RJ 23 T 0760 involved in the accident) against the award of exonerating the insurance company to pay the compensation to the claimant and directing the insurance company to recover the amount of interim award Rs. 25,000 from the driver and the owner of the vehicle and further directing the driver and the owner to pay the rest of the compensation to the claimant. Since these two appeals arise from the award dated 4.1.2007, it will be proper for this Court to decide the appeals by this common order.
(2.) The facts have been set out in the impugned award and hence I am not repeating the same here except wherever necessary.
(3.) Brief facts of the case are that on 7.3.2005 at about 7.30 p.m. when the claimant was coming to his house and when he reached near Tibara (on Neem Ka Thana- Sirohi road) the driver of the Jeep RJ 23 T 0760 came rashly and negligently from opposite side and struck him, due to which he sustained grievous injuries on his left leg as well as other parts of the body. He was admitted in the Hospital from where he was referred to SMS Hospital Jaipur. An FIR was lodged regarding the accident at Police Station Neem Ka Thana and the police after investigation filed challan for the offence under sections 279, 337 and 338 IPC against the driver. The respondent No.4 insurance company in the reply stated that the FIR was lodged with delay of seven days and injury report was prepared on 30.3.2005 i.e. after a delay of 23 days. Which shows that the matter has been manipulated and no accident as alleged took place. The insurance company in its reply further stated that the accident took place due to negligence of the claimant himself. The MACT framed four issues. The claimant in support of his claim produced three witnesses and 77 documents. The appellant driver of the vehicle and the insurance company did not produce any kind of evidence. The MACT in its award dated 4.1.2007 held that the driver of the jeep has not produced the driving licence and hence it was held that he was not having a valid licence and as such there is violation of the terms of the insurance policy and the insurance company was not liable to pay compensation. The MACT computed the compensation payable to the claimant in the amount of Rs. 43,510/-.;