MUKHTYAR ALI Vs. RAMESHWAR

JUDGEMENT

(1.) THE appellant owner of truck No. MPI 3229 has directed this appeal against the award dated 5. 10. 1989 rendered by II Additional MACT, Indore, in Claim Case No. 79 of 1987, thereby partly allowing the claim petition filed on behalf of respondent No. 1 and awarding compensation of Rs. 1,10,000/- along with interest at the rate of 12 per cent per annum from the date of filing of the application till recovery against the appellant and respondent No. 2.

(2.) THE facts lie in a narrow compass. On 11. 4. 1982, respondent No. 1, claimant along with his relative, Chintaman, was going on bicycle from village Sinhasa to Indore. Respondent No. 1 was sitting on the carrier of the bicycle and Chintaman was cycling. It is alleged that when they reached near Chandan Nagar, Indore, at the same time truck No. MPI 3229 coming from opposite direction rashly and negligently, all of a sudden came to its wrong side and hit bicycle of respondent No. 1, resulting in the accident. In the accident, grievous injuries were caused to respondent No. 1 on his head and other parts of the body. He was immediately taken to the M. Y. Hospital, Indore, for the treatment, where he had undergone an operation and remained admitted there till 20. 5. 1982. Respondent No. 1 filed a claim petition before the Tribunal for awarding of the compensation for the injuries caused to him in the aforesaid accident against respondent Nos. 2 and 3 as also appellant. Learned Tribunal, on the basis of appreciation of the evidence on record, partly allowed claim and awarded compensation in favour of respondent No. 1 and against appellant-respondent No. 2, as indicated above.

(3.) AGGRIEVED by the award of the Tribunal, the appellant owner of the truck has filed this appeal.