ORIENTAL INSURANCE COMPANY Vs. BHAIRU RAM & ORS

JUDGEMENT

(1.) This civil Misc. appeal under Section 173 of the Motor Vehicles Act, 1988 is preferred against the judgment and award dated 25-4-2001 passed by the learned Judge, Motor Accident Claims Tribunal, Shahpura, in claim case No. 104/2000 "Bhairu Ram v. Ram Prasad" whereby the claim has partly been allowed.

(2.) The facts in brief are that on 16-4-2000 when claimant Bhairu Lal was walking towards Jaipur Delhi road on the left side of the road, a Canter No. HR 38-B 0269 coming from back side hit him. The vehicle was driven rashly and negligently by defendant respondent No. 2 which was owned by the defendant respondent No. 3. Due to this accident, the claimant got injured seriously and was referred to the Govt. Hospital Shahpura and from there he was shifted to SMS Hospital, Jaipur. An FIR to this effect has been lodged with the Police Station Manoharpur.

(3.) The claimant thereafter filed a claim petition before the learned Tribunal. Notices were issued. Reply was filed. Issues were framed and the evidence was recorded. After hearing both the sides, learned Tribunal had passed the award of Rs. 4,17,000/- dated 25-4-2001 with interest of 9% from 1-8-2000, against which, this appeal is preferred.