PURUSHOTAM Vs. KAYUMDEEN

JUDGEMENT

(1.) The present civil miscellaneous appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short 'the Act of 1988') has been preferred by the claimant-appellant seeking enhancement of the compensation amount as awarded vide judgment dtd. 12/4/2023 passed in MAC Case No.120/2021 by the learned Motor Accident Claims Tribunal, Merta whereby the claim petition filed by the claimant-appellant under Sec. 166 of the Act of 1988 was partly allowed and the claimant was held entitled to a compensation of Rs.27,23,406.00 with interest @ 9% per annum.

(2.) Brief facts of the case are that on 22/11/2020, the claimantappellant, was going on a motorcycle bearing registration No.RJ01-SL-2092 from Padukala towards Ajmer. At about 04:30 pm when he reached near Tehla Sarhad, he was hit from front side by offending vehicle i.e. Bolero bearing registration No.RJ05-UA5675, being driven rashly and negligently on wrong side by its driver/owner respondent No.1, as a result of which, the claimant sustained injuries. The offending vehicle, on the date of accident, was insured with respondent No.2 - Insurance Company.

(3.) The claimant-appellant preferred a claim petition claiming compensation of Rs.1,39,34,960.00.