UDMIRAM Vs. BALVEER @ BABULAL AND ORS

JUDGEMENT

(1.) Instant appeal u/s 173 of the Motor Vehicle Act, 1988 has been filed by the claimant-appellant seeking enhancement of the award dt.20/03/2003 passed by the Motor Accident Claims Tribunal, Jhunjhunu in claim case No.227/2001 by which a compensation to the tune of Rs.50,000/- has been awarded to the claimant-appellant.

(2.) The brief facts, as emerging on the face of record and gathered after hearing counsel for the parties, are that on 26/04/2001, while the claimant-appellant was going in a Bus bearing No.RJ-18-P-1015 to Chirawa, another vehicle, which was driving by its driver respondent No.1 in a rash and negligent manner, hit and because of dashing, the vehicle turned up side down as a result of which the claimant-appellant and other persons; namely Om Prakash and Ku. Urmila, sitting in the bus sustained severe and grievous injuries and an FIR to this effect bearing No.106/2001 came to be lodged in the concerned police station and thereafter the police, after investigation, submitted challan before the competent court of jurisdiction. It was admitted that the respondent No.1 was driver of the bus; respondent No.2 was owner of the bus and the vehicle was insured with the Insurance Company.

(3.) The claimant-appellant submitted a claim petition seeking compensation and the Tribunal, after analyzing the material on record and other facts, evidence and statements recorded, held that the incident did occur on account of rash and negligent driving by the driver of the offending vehicle and in the light of the evidence recorded, FIR, challan, notice u/s 133, registration, driving license etc. etc., allowed the claim awarding a compensation to the tune of Rs.50,000/- in favour of the claimant appellant. Instant appeal has been filed by the claimant-appellant seeking enhancement of compensation.