JAGDISH Vs. VIRENDRA SINGH

JUDGEMENT

(1.) The sole appellant Jagdish is not satisfied with the quantum of compensation decided by the Motor Accident Claims Tribunal, Tonk for permanent disablement of the appellant in a motor vehicle accident. Hence this appeal.

(2.) One Ram Kishan Meena lodged Duni PS Case No.194/1999 regarding the accident wherein Ram Kishan Meena stated that he had gone to take a holy dip at Pushkar alongwith Giriraj and the appellant Jagdish. After taking holy dip, all the three were returning to their village. At Dolta Mor, they took a lift on Truck No.HR-36-G-9282. The driver gave them seat in the cabin of the truck. The truck was loaded with stone chips. Near Dhadholi Puliya, due to rash and negligent driving by the driver, the truck turned turtle. The informant and the appellant Jagdish sustained serious injuries on their body whereas Giriraj Meena lost his life. After investigation of the case, the police submitted charge sheet against the driver of the truck vide Ex-2.

(3.) The legal representatives of the deceased, the appellant and Ram Kishan filed separate claim cases for compensation. The case filed by the appellant was Claim Case No.(1131/2001) (510/99) 327/2011. All the cases were initially decided by the judgment and award dtd. 14/5/2002 whereunder the appellant was awarded Rs.2,50,000.00 against his claim of Rs.6,94,000.00. The appellant challenged the inadequacy of the compensation in S.B. Civil Misc. Appeal No.1440/2002. After hearing the parties, a Bench of this Court by judgment dtd. 12/7/2011 remitted back the matter to the Tribunal to decide issue Nos.2 & 6 afresh considering judgment of this Court in K.G. Saxena Vs. Anil Kumar & Ors., reported in 2006 RAR page 43 (Rajasthan).