AMARCHAND KUKAR Vs. MAHAVEER DASS AND ORS

JUDGEMENT

(1.) This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 ('the Act') by the injured-claimant seeking enhancement of compensation awarded by the Motor Accidents Claims Tribunal, Anupgarh, District Sri Ganganagar ('the Tribunal') vide judgment and award dated 23.02.2005, whereby, he was awarded compensation to the tune of L 24,000/-.

(2.) The brief facts of the case are that the appellant filed an application for compensation before the Tribunal, inter alia, with the averments that he was going by Car from Bikaner to Anupgarh on 17.10.2000 when at around 09:30 PM near Shobhasar, the respondent No.1 driver, driving the Jeep No.RJ07-P-1027 rashly and negligently collided with the said Car, which resulted in grievous injuries to the appellant; he was aged 45 years and was earn- ing L 12,000/- per month by practicing as an Advocate. He suffered injuries on both hands and both legs, which has resulted in permanent disablement and he has spent L 50,000/- in the treatment and claimed a compensation of L 16,00,000/-.

(3.) The owner and driver of the vehicle were proceeded ex parte as despite service by publication, they failed to appear before the Tribunal. The Insurance Company filed its reply denying all the material averments and prayed for dismissal of the application.