ONKAR SINGH Vs. RAMJILAL & ORS.

JUDGEMENT

(1.) This Misc. Appeal Under Section 173 of the Motor Vehicles Act, 1988 has been filed against the judgment /award dated 19.11.2004 passed by MACT, Jaipur in MACT Case No. 644/1998 for enhancement of compensation and also for setting aside the finding by which 50% liability has been fastened on the other involved truck.

(2.) The brief facts of the case leading to filing of this appeal are that the claimant was Khalasi in Truck No. RJ 14 G-5764 on 13.1.1997, when they reached 8 Km. ahead of Malpura, truck No. HR 38- 2 4951 hit the truck in which the present appellant was travelling. The preset appellant received serious injuries as well as permanent disability. A claim petition has been filed which was allowed partially only 50% liability has been fastened to the involved truck No. RJ 14 G-5764 and amount of compensation has also been assessed on very lower side, hence this appeal.

(3.) The contention of the appellant is that it is not in dispute that present appellant was Khalasi in Truck No. RJ 14 G-5764 and it has been categorically stated that Ramjilal was negligent and only due to his negligence, the accident has occurred. In FIR this fact has been narrated at the earliest and thereafter investigation, charge sheet has also been filed against only driver of the truck No. RJ 14 G-5764 and court below has categorically held that driver Ramjilal was only negligent but on conjunctures and surmises, he has been absolved from 50% liability. Apart from it, he suffered 39.20% disability, he has suffered fracture of right lower limb but a meager amount of 75,000/- has been awarded as compensation for his partial permanent disability, hence compensation for disablement may be enhanced. Per contra, the contention of the respondents is that there is no infirmity in the impugned award.