Devilal Bharud vs Sanjay Thakur and others

Hon''ble Shri N.K. Mody, J.—Being aggrieved by the award dated 12/05/2008 passed by MACT, Barwani in claim case No.71/2007 whereby claim petition filed by the appellant was allowed and compensation was assessed @ Rs.30,000/-, out of which 50% was deducted and respondent No.3 was exonerated, present appeal has been filed. Short facts of the case are that appellant filed claim petition alleging that on 28/11/2005 appellant was travelling in vehicle No.MP-41/G/0223 which was being driven by the respondent No.2 rashly and negligently, owned by respondent No.1 and insured with respondent No.3. It was alleged that because of rash and negligent driving of the said truck met with an accident with the result appellant sustained injuries. It was alleged that appellant was travelling in the said vehicle alongwith furniture of the concerned department for the safety of the goods. It was prayed that claim petition be allowed and compensation be awarded. The claim petition was contested by the respondent No.3 on various grounds including on the ground that the offending vehicle was transport vehicle and was not meant for carrying passengers. It was alleged that respondent No.2 was not possessing the valid driving license. It was prayed that claim petition filed by the appellant be dismissed. After framing of issues and recording of evidence learned tribunal allowed the claim case and assessed the compensation of Rs.30,000/-out of which 50% was deducted on account of contributory negligence and also respondent No.3 was exonerated, against which the present appeal has been filed.

After hearing counsel for both the parties at length and keeping in view the injuries sustained by the appellant, this Court is of the view that a case of enhancement is made out. Thus, appellant is further entitled for a sum of Rs.10,000/-which shall carry interest @ 8% p.a. from the date of application. So far as liability is concerned, since the offending vehicle was a loading truck which was insured for carrying goods and also appellant failed to prove that appellant was travelling for safety of the goods, therefore, this Court is of the view that the learned tribunal rightly held the appellant equally liable and also rightly exonerated the respondent No.3 which requires no interference. In view of this, the appeal filed by the appellant is allowed in part and the amount is enhanced as stated above and the findings of learned tribunal regarding liability of respondent No.3 and entitlement of appellant shall remain intact.

With the aforesaid modifications, the appeal stands disposed of. C.C. as per rules.

To,

DATE :-25/08/2011 9.00AM

Hon''ble Shri Justice N.K. Mody,

Hon''ble High Court Judge,

High Court of Madhya Pradesh,

INDORE.

Subject: Regarding non-compliance of Order dated 18/08/2011.

Respected Sir,

In pursuance to our earlier correspondence/complaints on last date of hearing this Hon''ble Court has directed the Chief Health Officer of IMC, Indore while handing over the paper-cutting published on 12/08/2011 in Indore Samachar edition made by us for doing needful. But it is very sorry to inform that till to this date nothing has been happened and no action has been taken by Chief Health Officer, IMC, Indore or any other Officers like; Zonal Officer, Stadium Zone, Indore with the result people of the locality facing with huge mosquitoes and diseases like malaria, typhoid, Dengue and viral fever. We also made several complaints to Dr.Verma on mobile No.93295-55179, Mr. Manoj Jain, ZO on Mobile No.90090-09955, Mr. Dubey Mobile No.93013-22446 and Mr. Jaiswal, Jagirdar Mobile No.98270-39723 but no one has taken care of the complaint till to this date.

In the interest of public at large kindly direct the concerned Officials to collect the Garbage first and fill the low-line area with the solid waste material by plastering with cement.

With the folded hands residents of Navlakha looking for justice to His Lordship.

Yours sincerely,

Enclosure-Copy of paper-cutting

dtd.12/08/2011

All the Residents of PWD

Quarters,

Navlakha Haat, In front of Jagtap Ashram, Indore. Mobile Nos.98265-94759 94250-64452