RAJ KUMAR Vs. BHOLA RAM

JUDGEMENT

(1.) Appellant, Raj Kumar, is the claimant who had filed a claim petition before the Motor Accidents Claims Tribunal, Kurukshetra (hereinafter referred to as 'the Tribunal'). Vide award dated 3.8.1992, the claim petition filed by the appellant was disposed of by the learned Tribunal after holding that the driver of the offending bus was not in any manner rash or negligent. An amount of Rs. 12,000 was awarded as compensation under the provisions of section 140 of the Motor Vehicles Act. The claimant preferred the first appeal before this court. The learned single Judge reappreciated the entire evidence available on the record. On such reappraisal, learned single Judge held that the driver of the bus was responsible for driving the bus rashly and negligently, which resulted in injuries to the claimant. Accordingly, the findings in that regard was set aside. Thereafter, the learned Judge assessed the quantum of compensation payable to the claimant. An amount of Rs. 41,000 was assessed as the compensation payable to the claimant. Consequently, the appeal filed by claimant was partly allowed and aforesaid amount of compensation of Rs. 41,000 along with interest at the rate of 12 per cent per annum from the date of filing of claim petition till its realisation was held to be payable to the claimant. It was further directed that the aforesaid amount shall be payable by the respondents, jointly and severally.

(2.) The claimant-appellant still remained dissatisfied and has approached this court through the present Letters Patent Appeal.

(3.) At the outset, we may notice that neither any cross-objections have been filed by the respondents challenging the findings of the learned single Judge with regard to rashness and negligence of the driver of the bus nor any arguments in this regard have been addressed before us. Accordingly, the aforesaid finding has attained finality.