PUKHRAJ JAIN Vs. BIRBAL SINGH

JUDGEMENT

(1.) Motor Accident Claims Tribunal, Ajmer passed an award of Rs. 1,11,500/- in favour of the appellant and held the appellant entitled to claim only 40% of the entire amount under the award from the respondents Nos. 1 to 3 and rest of 60% amount under the award from respondents Nos. 4 and 5. Since the appellant-claimant did not seek any relief against the respondents Nos. 4 and 5, his claim against them was dismissed. Being aggrieved with the amount of compensation under the award, the appellant prayed to modify the award to the extent of Rs. 5,65,000/- with interest @ 18% per annum from the date of petitioner till its realization.

(2.) Contextual facts of the ease depict that on 7th April, 1993 at about 2:30 pm, Pukhraj and Uttam Chand were going on Scooter No. RJ-01-M-9977 from Ajmer to Kishangarh. Uttam Chand was riding the scooter and the appellant Pukhraj was sitting on the rear seat thereof. No sooner did the scooter reach at Kishangarh by-pass Ajmer trio, one Contesa Car bearing Registration No. GJ-1 K-1229 being driven by its driver rashly and negligently, suddenly emerged from the opposite direction and hit the scooter resulting into injuries on their persons. This accident occurred on account of rash and negligent driving of the driver of the offending Car. Both the injured Pukhraj and Uttam Chand separately filed the claim petitions No. 145/1993 and 152/1993, which stood adjudicated by the common impugned order.

(3.) Heard learned Counsel for the parties and carefully perused the impugned award including the relevant material on record.