RAJESH Vs. MOHAN LAL

JUDGEMENT

(1.) The aforesaid two appeals have arisen from a judgment and award dtd. 10/8/2018 passed by the Judge, Motor Accident Claims Tribunal, Pali in M.A.C.T. Case No. 39/2016 (C.I.S. No. 40/2016) titled as "Rajesh v. Mohanlal & Anr.", whereby Tribunal while allowing claim petition, awarded a sum of Rs.20,88,552.00 as compensation in favour of the appellant-claimant in CMA No. 93/2019.

(2.) CMA No. 93/2019 has been filed by the claimant seeking enhancement of compensation amount awarded by the Tribunal, whereas, CMA No. 3153/2018 has been filed by the Insurance Company challenging the award passed by the Tribunal on various grounds.

(3.) Brief facts of the case are that claimant Rajesh, who sustained injuries in a road accident, filed a claim petition under Sec. 166 of the Motor Vehicles Act, 1988 (afterwards referred to as "Act of 1988") against driver-cum-owner of the offending Car and insurer with the averments that on 25/3/2016 at about 9.00 P.M., claimant on his motorcycle was coming from village Sandia towards Sojat City. During that, on highway near Mod Bhatta, a Car bearing registration No. RJ-22-CA-8636, being driven in a rash and negligent manner, came from opposite side and rammed into the Motorcycle, on account of which, Rajesh sustained various injuries on his body. The report of the accident was lodged by one Bhanwar Lal on 27/3/2016, upon which, FIR No. 92/2016 was registered. The police after investigation filed charge-sheet against the Driver of the Car.