SUBHASH CHAND JAIN Vs. ANIL KUMAR JAIN

JUDGEMENT

(1.) Feeling aggrieved by the rejection of his claim petition for the award of compensation in the proceedings under the Motor Vehicles Act, claimat-appellant has now approached this court seeking redress praying for setting aside of the impugned order and awarding an amount of Rs. 3,70,742 as compensation along with interest thereon calculated at the rate of 18 per cent per annum.

(2.) We have heard the learned counsel for the appellant as well as the learned counsel representing the insurer. In spite of service of the notice, none has appeared for the respondent No. 2, the owner and the respondent No. 1, the driver, of the motor vehicle in question.

(3.) The facts in brief, shorn of details and necessary for the disposal of this appeal lie in a narrow compass: A claim petition seeking award of the compensation was filed under section 140 as well as under section 166 of Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'), on 23.12.1995, by the appellant claiming a total amount of Rs. 3,70,742 along with interest thereon at the rate of 18 per cent per annum. An award of the compensation of an amount of Rs. 25,000 was also claimed under section 140 of the said Act.