RAN GOPAL Vs. PAWAN KUMAR

JUDGEMENT

(1.) This civil misc. appeal under Section 173 of the Motor Vehicles Act 1988 is preferred against the judgment and award dated 15th November, 2010 passed by the learned Judge, Motor Accident Claims Tribunal, Jaipur City, Jaipur and Special Court, Communal Riots, in claim case No. 363/08 (599/05), Ram Gopal v. Pawan Kumar & Another, whereby a total claim of Rs. 10,320 has been awarded in favour of the claimant and against the Insurance Company along with interest of 6% per annum from the date of claim till payment is made.

(2.) The facts in brief are that on 25th September, 2003 at about 10.30, when the appellant was going on foot from Dil Chandni Chowk towards Pankha by the side of the road, at that time from the back side one motor cycle No. RJ-14-36-M-1823 being driven rash and negligently hit the appellant. Due to which, the appellant fell down and sustained injuries. An F.I.R. to this effect was lodged at Police Station, Jhotwara which is as Ext. 1.

(3.) Thereafter, a claim petition was filed by the appellant-claimant before the learned Tribunal. Notices were issued. After service, reply was filed on behalf of the Insurance Company. After scrutinizing the evidence submitted by both the sides, the learned Tribunal has passed the aforesaid award, against which, this civil misc. appeal has been filed.