RAMSWAROOP Vs. PRADHAN MEENA & ORS

JUDGEMENT

(1.) The instant civil misc. appeal under Section 173 of the Motor Vehicles Act is directed against order of the MACT, Kota dated 18.1.2007 passed in claim petition No. 307/2003.

(2.) The brief facts as has been gathered from the order of the Tribunal and on the basis of arguments of the counsel for the parties is that on 20th January, 2003 when claimant Ramswaroop was going at about 10:15 p.m. along with his friend Mohanlal on a motorcycle and was coming from Arneda to Kota then at that time a Tractor bearing No. R.J. R 5834 was coming on the wrong side in rash and negligent manner, hit the motorcycle on which the appellant/claimant was sitting and on account of the said accident the claimant fell down and received serious and grievous injuries and on account of that suffered severe disability. It was pleaded that the accident occurred on account of rash and negligent driving by driver of the Tractor Pradhan Meena and respondent No. 2 Mathuralal is also liable. Since it was insured with the United India Insurance Co. Ltd., therefore, the Insurance Co. is equally liable. It was claimed that the claimant was working as class IV employee with the company and was earning Rs.4000/- per month. He was also having other income to the extent of Rs.3000/- per month.

(3.) An FIR was lodged in respect of the said incident and thereafter a charge-sheet was filed against driver of the Tractor Pradhan Meena before the appropriate court. The Tribunal after considering all the evidence allowed an amount of Rs.1,81,245/- on account of loss of income and on other heads.