HANSRAJ Vs. MUKESH NATH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal has been preferred by the claimant who is not satisfied with the partial enhancement in the amount of compensation as awarded by the learned Single Judge of the Rajasthan High Court [ In short, "the High Court"] pursuant to the judgment dtd. 9/4/2024 in S.B. Civil Miscellaneous Appeal No.1334 of 2022.

(3.) According to the appellant, on 8/11/2016 he alongwith his friend were riding on a motorcycle on Mundoita Kalawar Road. The appellant was aged about fourteen years and was a pillion rider. The first respondent drove the motorcycle in a negligent manner due to which the motorcycle hit the rear portion of a tractor trolley. The appellant fell down and suffered grievous injuries on his neck, head, backbone and also suffered fractures. As a result of the said accident, the appellant was required to be hospitalized for about 203 days. He suffered 100% permanent disability on account of the said accident. He, therefore, preferred a claim petition under Sec. 166 of Motor Vehicles Act, 1988 [ For short, 'the said Act'] seeking compensation of an amount of Rs.22,45,000.00 before the Motor Accident Claims Tribunal [ For short, 'the Claims Tribunal']. Since the said motorcycle was owned by the second respondent and was insured with the third respondent, the claim for compensation was made against all of them.