MAHESH CHANDRA BAJAJ Vs. CHHOTA BHAI JETHA BHAI

JUDGEMENT

(1.) THIS appeal has been preferred by the claimant-appellant for the enhancement of amount of compensation granted to him by the Motor Accident Claims Tribunal, Damoh, in Claim Case No. 3/80, decided on 15th July, 1981.

(2.) ACCORDING to the claimant-appellant on 31-8-79 he was going from Hata to Damoh. A jeep bearing No. M.P.K. 8837, belonging to the respondent No. 1, driven by respondent No. 2, and insured with respondent No. 3, was coming from Damoh towards Hata. The claimant was injured in the accident with the Jeep and his motor-cycle which was also broken. It is alleged by the appellant that the respondent No. 2 was driving the vehicle rashly and negligently. Hence the liability of the respondents for payment of compensation to him.

(3.) THE Presiding Judge of the Motor Accident Claims Tribunal assessed the amount of compensation at Rs. 52037/- and held the drivers of both the vehicles negligent in the ratio of 2/3 x 1/3. The liability of the claimant being 2/3. Thus an amount of Rs. 17346/- was made payable to the claimant jointly and severely by the respondents.