AMI CHAND Vs. BHANWARI DEVI

JUDGEMENT

(1.) Instant miscellaneous appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been preferred on behalf of the appellant/ non-claimant No.1 - Amichand (driver and owner of the offending vehicle) assailing the impugned judgment and award dtd. 28/7/2012 passed by the Court of Additional District Judge (Fast Track) cum Judge, Motor Accident Claims Tribunal, Sikar (hereinafter to be referred as the 'Tribunal'), in Motor Accident Claim Case No. 112/2008, titled as Smt. Bhanwari Devi and another Vs. Amichand and another, whereby the claim petition filed by the respondents/claimants - Smt. Bhanwari Devi and another, under Sec. 140/166 of the Motor Vehicles Act was partly allowed and compensation to the tune of Rs.8,89,344.00 was awarded in favour of the claimants and the appellant/non-claimant No.1 was held liable to pay the award amount and the respondent/insurance company was exonerated to pay any compensation.

(2.) Facts of the case, in brief, are that on 22/2/2007 in the evening deceased - Rajendra Singh alongwith injured - Ramniwas was coming to their Village Malsiwas from Laxmangarh in a Jeep bearing registration No.RJ-23-C-2459, which was being driven by its driver Amichand (appellant) in rash and negligent manner, due to which jeep lost control and dashed a tree of Khejadi and overturned. As a result of which, Ramniwas sustained injuries and Rajendra Singh died.

(3.) A case/F.I.R. was lodged and after investigation, charge-sheet was filed against the appellant (driver/owner of the alleged jeep), alleging that the accident took place due to the rash and negligent driving of the driver of the Jeep bearing registration No.RJ-23-C-2459. A claim petition was filed before the learned Tribunal, claiming total compensation of Rs.54,48,000.00 under the various heads.