RAM LAL Vs. LOHIT SUWALKA

JUDGEMENT

(1.) Appellant/Claimant has preferred the instant misc. appeal under Sec. 173 of the M.V. Act, 1988 (Act of 1988) seeking enhancement of the compensation awarded by learned Judge, Motor Accident Claims Tribunal, Bhilwara (Tribunal) vide judgment and award dtd. 5/1/2016, which later on was modified on 29/2/2016 by learned Tribunal in MAC Case No. 1072/2013, for the injuries suffered by the claimant in the accident, whereby the learned Tribunal has awarded meagre compensation of Rs.7,94,796.00 alongwith interest @ 6% per annum from the date of filing the claim petition. The liability to satisfy the award was fastened upon the non-claimants jointly and severally.

(2.) Briefly stated, the facts of the case are that the appellant/claimant filed a claim petition under Sec. 140 and 166 of the Act of 1988 claiming compensation of Rs.24,00,000.00 for the injuries suffered by him in the accident. It was stated in the claim petition that on 20/3/2013 at about 11:00 am, while the appellant was going on the road Kasya-Singoli on his motorcycle in right direction and when he reached near MP Boarder, a Car bearing registration number RJ-27-CB-6615 being driven by its driver rashly and negligently hit the motorcycle, as a result of which appellant and his wife suffered injuries. An FIR of the accident was also lodged at Police Station, wherein after investigation charge sheet was filed against the driver of the offending car for offences under Ss. 279, 337, 338 IPC and Ss. 184, 134/18 of the Act of 1988. In the accident, the appellant/claimant sustained grievous injuries and his right leg was amputated above the knee and thereby he sustained permanent disability to the extent of 100%. It was further stated in the claim petition that the appellant was an agriculturist and apart from doing the agriculture work, the appellant was employed in Uparmal Dhakad Stone Mines and thus was earning Rs.25,000.00 per month.

(3.) Despite service of the summons upon non-claimants No.1 and 2, nobody appeared on their behalf and, therefore, exparte proceedings were drawn against them on 20/3/2014 by the learned Tribunal.