JAMALUDDIN Vs. BHINYARAM

JUDGEMENT

(1.) IN connection with the accident of one Salauddin an award was given by the Motor Accidents Claims Tribunal, Jodhpur, for the amount of Rs. 5680.15 p. in favour of Salauddin through natural guardian Jamadluddin and against non applicant No. 2 Kansingh, non -applicant No.3 Vanguard Insurance Company and non applicant No.4 BakhtawarSingh. The Insurance Company has filed the appeal being S.B. Civil Misc. Appeal No. 31 of 1974 against the award. Jamaluddin has filed S.B. Civil Misc. Appeal No. 15 of 1974 for increase and enhancement of the amount awarded and Kansingh Las filed cross objection in this appeal of Jamaluddin praying that the award given by the aforesaid tribunal, so far as it relates to him, should be set acids.

(2.) IT Is not in dispute that on 25 -1 -69, an accident happened on the road which runs between Stadium and Public Park of jodhpur. Salauddin, need about 10 years, was standing about 2' away from the foot path and a truck No. BJQ, 7893, which was alleged to be driven by Bakhtawarsingh, collided with Saluddin with the result that his leg was smashed by the wheel of the truck. The truck is said to be originally of Bhinyaram but later on, it was transferred to Kansingh and Bakhtawar Singh was the driver of the truck. The Vanguard Insurance Company was the insurer.

(3.) THE tribunal has come to a conclusion on the basis of the detailed discussion of evidence that the accident occurred because the vehicle was driven on the wrong side of the road and was also being driven rashly and negligently.