LAWS(MPH)-1996-9-61

ANIL KUMAR PANNALAL KAHNDELWAL Vs. RAJKUMAR GHANSHYAMDAS GOYAL

Decided On September 17, 1996
ANIL KUMAR PANNALAL KAHNDELWAL Appellant
V/S
RAJKUMAR GHANSHYAMDAS GOYAL Respondents

JUDGEMENT

(1.) THIS appeal is preferred against the judgment and award dated 15-1-1996 passed by the Motor Accident Claims Tribunal of shivpuri, making an award in favour of the appellant only to the extent of Rs. 15,500/ -.

(2.) BRIEF facts of the case are that on 30-7-1994, petitioner/appellant and his two companions were talking on a road near Chintamani temple in the town of Shivpuri. One Maruti van No. MP 08/0765 was being driven by rajaram, respondent No. 2 rashly and negligently had dashed against the appellant and his two companions causing injuries. The appellant had a scooter also, which was damaged on the road. The appellant had received grievous injuries and, there was permanent disablement of his leg. A petition for a claim of Rs. 3,96,200/- was filed.

(3.) THE non-petitioners/respondents contested the claim on the grounds that the driver of the Maruti van was not negligent. The appellant and his two companions were riding on a scooter and they themselves dashed against the standing Maruti van and were not entitled to any compensation.