PRAHLAD Vs. MAHAVEER PRASAD & ORS

JUDGEMENT

(1.) This civil misc. appeal under Section 173 of the Motor Vehicles Act, 1988 is preferred against the judgment and award dated 4.6.2008 passed by the learned Judge, Motor Accident Claims Tribunal, A.D.J. (FT) No. 2, Tonk, in claim case No. 253/08 (158/06) "Prahlad v. Mahaveer Prasad & Ors." whereby a total claim of Rs. 30,666/- has been awarded in favour of the claimant and against the Insurance Company along with interest of 6% per annum from 1.3.2006 till payment is made.

(2.) The facts in brief are that on 11.9.05 at about 11.30 a.m., appellant Prahlad along with Ram Bharat were going towards Uniyara by Motorcycle on the right side of the road. When they reached near village Bhojpura, PS Nagarfort, a Jeep No. RJ-26-TA 0020 being driven rashly and negligently with excessive speed coming from opposite direction from the wrong side violating the traffic rules, hit the Motor-cycle. In the accident, both received injuries.

(3.) An F.I.R. to this effect was lodged. Thereafter, a claim petition was filed by the appellant claimant before the learned Tribunal, Tonk. Notices were issued. After service, reply was filed on behalf of the insurance company. After scrutinizing the evidence, the learned Tribunal had passed the aforesaid award dated 4.6.2008, against which, this Civil Misc. appeal has been filed in claim case No. 253/08 (158/06).