PRAKASH CHAND SHARMA Vs. RAMBABU SAINI

JUDGEMENT

(1.) Leave granted. This appeal is at the instance of the claimant-appellant aggrieved by the judgment and order dtd. 19/4/2023 passed in S.B. Civil Miscellaneous Appeal No.3050 of 2017 by the High Court of Judicature at Rajasthan, Jaipur Bench ['The impugned order'], while entertaining an appeal arising out of a judgment and order dtd. 18/1/2017, passed in Claim No.575/2014 by the Motor Accident Claims Tribunal, Alwar [The 'Tribunal'].

(2.) On 23/3/2014, the claimant-appellant was returning to his village Rajpur Badha from Cheel Ki Bawdi on his motorcycle bearing No.RJ 02 SC 4860, when another vehicle, a Maruti Omni bearing No.RJ 02 UA 1663 came from the opposite direction, on the wrong side of the road. The claimantappellant suffered numerous injuries including on the head and his right leg. FIR No.81/14 was registered at Police Station Tehla, and he was taken, first to Katta Hospital, Bandikui, and thereafter, to Sawai Mansingh Hospital, Jaipur. Although, he survived his accident, he is in a comatose state.

(3.) The learned Tribunal framed three primary issues :