PEMA RAM Vs. GAJENDRA SINGH 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.07/03/2006 passed by the Motor Accident Claims Tribunal, Dausa in claim case No.840/2004 by which a compensation to the tune of Rs.1,66,572/- 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 appellant, are that on 25/10/1999, while the claimant-appellant was travelling in bus No.RJ-05-P-0531, when the bus reached near Poultry Farm at Jamdoli, suddenly driver of the said bus, driving the bus in rash and negligent manner, collided the bus with a tree as a result of which the appellant sustained 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 43 years at the time of accident and was earning Rs.6,000/- per month by way of working as a mason. It was further pleaded that due to the said accident, there was fracture in both the legs of the claimant-appellant and also sustained serious injuries on various parts of the body and ultimately claimed a compensation to the tune of Rs.55,00,000/-.