CHAJU RAM MEENA Vs. VIRENDRA SINGH

JUDGEMENT

(1.) Challenge in the present misc. appeal filed by the claimant/appellant under sec. 173 of the Motor Vehicle Act, 1988 (for short 'the Act of 1988') has been made to the Judgment and Award dtd. 22/2/2010 passed by the Court of Addl. District Judge (Fast Track) No.07, Jaipur City, Jaipur (for short 'the Claims Tribunal), whereby the Claims Tribunal in total awarded Rs.3,50,000.00 as compensation along-with interest @ 6% per annum to the claimant/appellant.

(2.) Facts of the case in nutshell are that the claimant /appellant filed a claim petition before the Claims Tribunal mainly mentioning therein that when the claimant was riding on his motor cycle, suddenly driver of offending vehicle Gypsy No.DL-2C-3512 drove its vehicle rashly and negligently and hit the claimant appellant, as a result of which he (claimant/appellant) sustained serious injuries on his body. At the time of alleged accident he was 30 years of age and was doing the job of cutting and polishing jewelery and from that he used to earn Rs.6500.00 p.m.

(3.) On behalf of non-claimant / respondent No.1, Vakalatnama was filed but no reply was submitted on his behalf. Ex-parte proceeding was initiated against non-claimant/ respondent No.2. Non-claimant /respondent No.3- Insurance Company filed written statement of denial mainly mentioning therein that the driver of the offending vehicle was not having valid and effective driving licence at the time of alleged accident and also the claimant /appellant was under the influence of liquor while riding the motor cycle. Hence, the claimant/ appellant himself was negligent for causing the incident.