BODAN RAM ALIAS BODANLAL YADAV Vs. KISHAN LAL

JUDGEMENT

(1.) This misc. appeal has been filed by the appellant against the award dated 19-9-2007 passed by Judge, Motor Accident Claims Tribunal (ADJ Fast Track) Behror, District Alwar in MACT case No. 85/2006 (303/2005) for enhancement of compensation.

(2.) The facts have been set out in the impugned award and hence I am not repeating the same here except wherever necessary.

(3.) The facts in brief are that the claimant was travelling in the jeep bearing No. RJ 02 C 3697 along with Head Constable Mangeram, Constable Banwari Lal, all were going from Police Station Shajhanpur to Neemrana at night on petrolling. At about 12.12 a.m. when the jeep was passing through near National Highway No. 8 Janaksinghpura a Truck bearing registration No. HR 55B 7071 was driven with great negligently and rashly at very high speed and suddenly the truck hit the jeep from back side in which all the policemen were injured and the petitioner got seriously injured in the accident. An FIR was lodged at police Station Shanjhanpur for offence under Sections 279, 337, 338 IPC which was registered as FIR No. 140/2004. At the time of accident the respondent No. 1 was driver of the vehicle in question, the respondent No.2 was the owner of the vehicle, the respondent No.3 was the insurer of the Truck bearing registration No. HR 55 B 7071. At the time of accident the petitioner was working in the police department and due to the accident he got 33.08% permanent disability and he is not in a condition to do work as he was doing before the accident.