SANJAY SINGH CHAUHAN Vs. ORIENTAL INSRUCANE COMPANY LIMITED

JUDGEMENT

(1.) The instant First Appeal From Order has been filed by Sanjay Singh Chauhan son of Sri Bharat Singh, reisdient of 703, Bandhuhaar Civil Lines, Police Station Kotwali Unnao, District Unnao for enhancement of the compensation awarded vide award dated 4.8.2008 passed by MACT/Additional District Judge Court No. 1, District Unnao by which appellant has been awarded Rs. 55,400/- (fifty five thousand four hundred) for the injuries received in an accident.

(2.) In short, the case of the appellant is that on 29.11.2003 at about 10:30 A.M. he was coming to Unnao along with Amar Nath on a motorcycle No. UP 35 C 9394. The motorcycle was being driven slowly and on the left side of the road. When they reached near Village Bhadni, a bus bearing no. UP 35 B 001 which was coming from Unnao being driven rashly and negligently hit the motorcycle due to which the appellant received serious injuries and he received two fractures in his left leg. Motorcycle was also damaged. He was brought to District Hospital Unnao but due to serious injuries he was referred to Halet Hospital, Kanpur. From next day he was sent to the Base Hospital. He received treatment up to 10.1.2004 for about 42 days. A claim petition was filed for seeking compensation of Rs. 42,53,400/-.

(3.) Opposite Party No.1 the owner of the vehicle has, while filing the written statement stated that she is the registered owner of the vehicle bus bearing no. UP 35 B 001 and at the time of alleged accident, the bus was being driven by an experienced and able driver. The appellant and Amar Nath were injured while they fell from the motorcycle and in order to claim, compensation they have lodged a wrong F.I.R. Her bus was insured from the Oriental Insurance Company Ltd. Unnao and the insurance was valid from 14.7.2003 to 13.7.2004. Opposite Party No. 2 the Insurance Company filed the written statement to the effect that due to lack of complete details of insurance, the insurance is denied. It is denied that Opposite Party No.1 is the registered owner of the vehicle in question. There was no negligence on the part of the bus driver. The accident occurred due to sole negligence of motorcycle driver. They fell from the motorcycle aft er they lost the balance due to rash and negligent driving. The vehicle driver was not having valid and effective driving licence at the time of accident and the vehicle was also not registered as per the provisions of Motor Vehicle Act. The bus was being driven without permit and proper registration.