PRAVEEN BALVADA Vs. BABU KHAN

JUDGEMENT

(1.) SINCE these two appeals have been filed against one judgment and award dated 2.11.2006 passed by MACT, Jaipur, hence the arguments have been heard together and they are being decided by this common judgment. Brief facts of the case are as under:

(2.) THEREAFTER claim petition was filed mentioning therein that at the time of accident, the age of the appellant was 35 years. He is by profession an Advocate and earning Rs. 20,000.00 per month by practicing in Rajasthan High Court, Jaipur. He sustained serious injuries all over his body, specifically on his jaw, nose and right knee. There was a crack in his teeth and fracture in the maxilla bone below the eye. In the said claim petition, notices were issued, reply was filed, issues were framed, evidence was submitted and after hearing both the sides, the learned Tribunal decreed an amount of Rs. 30,000.00 in favour of claimant appellant with interest @ 6% per annum. Being dissatisfied with the quantum of compensation, the claimant appellant has preferred the instant appeal for enhancement of compensation, while RSRTC has filed the appeal challenging the quantum of compensation.

(3.) HAVING heard the learned counsel for the parties and carefully perused the relevant material on record, it is noticed that it is a fact that accident took place when the truck was standing, while RSRTC bus was being driven RSRTC by its driver rashly and negligently and he did not stop the bus. In the interest of justice, I enhance the amount of compensation to the extent of Rs. 30,000.00 on issue no. 3 and 5. The aforesaid amount shall be in addition to the amount awarded by the learned Tribunal under the impugned award. Learned counsel for the RSRTC has requested this Court to grant four weeks' time to deposit the amount with the learned Tribunal.