YUSUF @ ISHAB Vs. HARI PRASAD 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.29/09/2006 passed by the Motor Accident Claims Tribunal, Gangapur City, District Sawai Madhopur in claim case No.12/2006 by which a compensation to the tune of Rs.67,000/- has been awarded to the claimant-appellant.

(2.) The brief facts, as emerging on the face of record gathered on perusal of the material available on record impugned order and as per the arguments advanced by counsel for the parties, are that on 21/11/2005 at about 2.30 PM, while the claimant-appellant was standing on Jaipur Road near Devnarayan Temple Gate, all of sudden a Jeep bearing No.RJ-18-C-2665, which was being driven by its driver in rash & negligent manner and in high speed, hit the claimant-appellant causing accident on account of which the claimant-appellant sustained fracture on his right leg and other grievous injuries.

(3.) The claimant-appellant submitted claim petition before the Tribunal impleading the driver and owner of the bus as respondents No. 1 & 2 and since the bus was insured with the insurance company, the insurance company was impleaded as respondent No.3. It was pleaded in the claim petition that the claimant-appellant was aged about 35 years at the time of accident and was earning Rs.5,000/- per month by way of working as driver and also from agriculture work. It was further pleaded that due to the said accident, there was fracture in both the legs of the claimant-appellant and due to the said accident, he received 21.18% permanent disability and ultimately claimed for awarding compensation to the tune of Rs.29,60,000/-.