BABULAL Vs. DEVRAJ

JUDGEMENT

(1.) THIS appeal presented under Section 173 of the Motor Vehicles Act, 1988 is directed against the award dated 30.3.1990 rendered by Member, Motor Accidents Claims Tribunal in claim Case No. 75/88, thereby allowing the compensation of Rs. 2150/-. The appellant/claimant is dissatisfied by the quantum and prays for suitable enhancement.

(2.) BRIEFLY stated the facts of the case are that the respondent No. 3 was the owner of Jeep No. MBD 703. At the relevant time respondent No. 1 was the driver on this Jeep. This vehicle was insured with respondent No. 2. It is alleged that the respondent No. 1 drove this vehicle rashly and negligently on 22.7.1988 at about 7.30 a.m. to 8.00 a.m. The claimant was going on his bicycle. The Jeep hit the bicycle as a result of which, the claimant/appellant sustained numerous injuries in this accident. He, therefore, filed a claim petition and claimed compensation of Rs. 32050/-. The respondent opposed the claim and pleaded that they were not liable to pay any amount. On evaluation of the evidence, the Tribunal awarded the compensation of Rs. 2150/- together with interest at the rate of 12% p.a. from the date of application (13.9.1988) till realisation as follows:

(3.) I have heard Shri H.S. Rajpal learned Counsel for the appellant and Shri S.K. Vyas learned Counsel for Respondent No. 2 (United India Insurance Co. Ltd. Indore)