ROOP LAL Vs. SURAJMAL

JUDGEMENT

(1.) The instant appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988 (for short, 'Act') on behalf of the appellant-claimant against the judgment and award dated 02.11.2015 passed by the Judge, Motor Accident Claims Tribunal No.1, Udaipur (for short, 'learned Tribunal') in Claim Case No. 172/2014 by which, the claim petition has been allowed, while exonerating the insurance company and the claimant has been awarded compensation in the sum of Rs.70,000/- along with interest @ 9% per annum and at the same time, the respondent No. 2 Owner of the offending vehicle has been directed to pay the amount of compensation.

(2.) Briefly put the facts leading rise to this appeal are that on the fateful day of 30.10.2013 at about 3:00 pm when the appellant-claimant going with his elder brother from Kunchloni to their village on cycle, near Bhojlai, a tractor rashly and negligently driven by its driver, came from the wrong side and hit the cycle, as a result of which, claimant received injuries. The claim petition was presented before the learned Tribunal on 05.02.2014 stating, inter alia, that at the time of accident, he was 13 years of age and studying in class 8th; that as a result of the accident, he received simple as well as grievous injuries and was permanent disable and was declared to unable to do the work; that a huge amount was incurred in treatment, medicines and healthy diet and it was also stated that during the treatment, incurred on transportation and attendant; that alleged loss of future income and suffered agony etc, held responsible the non-applicant No.1 (driver) who rashly and negligently driven the tractor, owned by the non-applicant No.2 (owner) and insured by the non-applicant No.3 (insurer); that a sum of Rs. 14,56,000/- was claimed as compensation.

(3.) The learned Tribunal, despite extending sufficient opportunities to the non-applicants No.1 & 2 to file their written statement, on 10.02.2015, their right to file written statement was closed.