SHANKAR LAL Vs. KANHAIYA LAL

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 ('the Act') has been filed by the injured-claimant seeking enhancement of compensation awarded by the Motor Accidents Claims Tribunal, Udaipur ('the Tribunal') vide judgment and award dated 18.01.2007.

(2.) THE brief facts of the case are that the appellant-claimant filed an application for compensation before the Tribunal, inter alia, with the averments that he was going from village Sarangpura Kanod to Amarpura on 16.03.1999 with Ram Lal when at Junjpura Circle respondent No.1 Kanhaiya Lal driving a jeep rashly and negligently struck him from the back, which resulted in fracture in his leg and he suffered several injuries on his body; for the injuries and permanent disablement suffered on account of the said accident, the claimant claimed a sum of Rs.25,30,000.00.

(3.) THE Tribunal framed four issues and after evidence being led by the claimant and on exhibiting the insurance policy by the Insurance Company, the Tribunal came to the conclusion that the driver of the jeep was driving rashly and negligently, which resulted in the accident; the Insurance Company failed to prove that the driver was not in possession of effective and valid driving licence and awarded a sum of Rs.50,000.00 to the appellant alongwith interest @ 6% per annum from 29.04.2000.