RAM SINGH Vs. RADHEYSHYAM @ CHHOTU

JUDGEMENT

(1.) HEARD learned counsel for the appellant and learned counsel for the respondent no.3 ­ insurance company. None has appeared for the respondents no.1 & 2, the driver & owner respectively of the offending vehicle, despite service.

(2.) THE instant appeal has been filed by the appellant/ claimant seeking enhancement of the compensation awarded to him by the learned Judge, Motor Accident Claims Tribunal, Chittorgarh vide judgment and award dated 24.1.2008 in Claim Case No.133/2008 (417/2005) whereby as against the claimed amount of Rs.6,20,000/ -, he was awarded Rs.41,000/ - as compensation for the injuries received by him in a road accident.

(3.) THE learned Tribunal framed the usual issues regarding rash and negligent driving by the driver of the motorcycle being the cause of the accident, the defences available to the insurance company, the entitlement of the appellant to receive compensation and if so, the quantum thereof.