RAFIQUE ALI Vs. PAWAN SHARMA & ANR

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.03/12/2004 passed by the Motor Accident Claims Tribunal, Jaipur in claim case No.873/1998 by which a compensation to the tune of Rs.30,000/- 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 the claimant-appellant was a conductor in a private bus bearing No.RJ-14-P-6104 and on 01/12/1997 at about 10.15 am in the morning, when the bus in which the claimant-appellant was conductor, reached near Navalgarh House, Sansar Chandra Road, Jaipur, driver of the bus (respondent No.1), drove the bus in a negligent manner and in such a manner that he, in order to overtake, took the bus so near to the other bus plying on the road, resulting in sustaining severe and grievous injuries on head and face of the claimant-appellant by hitting.

(3.) The claimant-appellant submitted claim petition before the Tribunal and the respondents No.1 & 2 initially sought time to file reply to the claim petition but they did not file reply. As regards the respondent No.3-Insurance Company, it filed reply denying the accident for want of knowledge, however, it was admitted that the vehicle was insured with the Insurance Company.