JAMEEL Vs. BHANWAR SINGH RATHORE & ORS

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and award dated 20th December, 2002, whereby the Motor Accident Claims Tribunal, Jaipur (here-in-after to be referred as the 'Tribunal'), decreed an amount of Rs. 1,28,000 in favour of the appellant-claimant and against the respondents, but on account of contributory negligence of the claimant held him entitled to get only 50% thereof. Aggrieved and dissatisfied with the amount of award, the appellant has beseeched to enhance the same.

(2.) The background facts of the case, in nutshell, are that on 24th February, 1994 at about 4:30 pm, the appellant-claimant was going on foot from Gopalpura to Gurjar ki Thadi situated at Jaipur holding the bicycle in his hand. It is alleged that in the meantime, one Truck bearing Registration No. RJ-14-G-1875 suddenly emerged at a fast speed and hit him on the wrong side, as a result of which he sustained grievous injuries on his person.

(3.) Heard the learned counsel for the parties and carefully perused the relevant material on record including the impugned award.