LAWS(RAJ)-2024-4-105

KHERAJ RAM Vs. AJIJUDIN

Decided On April 16, 2024
KHERAJ RAM Appellant
V/S
Ajijudin Respondents

JUDGEMENT

(1.) The appellant was injured in a motor accident. The learned Tribunal awarded compensation of Rs.1,75,800.00 (after deducting 50% for contributing negligence) for the injuries suffered by him with interest of 7.5% per-annum. Appellant seeks enhancement of compensation by filing the present appeal which is directed against the judgment and award dtd. 8/11/2005 passed by the learned Additional District and Sessions Judge (Fast Track) No.4, (MACT Cases), Jodhpur (for short the 'Tribunal') in M.A.C. Case No.931/2004.

(2.) The facts germane to the present appeal as noted by the learned Tribunal are as follows:-

(3.) That on 6/9/2000, claimant Kheraj Ram was travelling from his village to Jodhpur on his motorcycle bearing registration No.RJ-19-4M-5271. The claimant was going slowly on his correct side of the road. At about 10:30 A.M., between the Gram Sevak Training Centre and Man Singh Deora Agriculture Farm, a R.S.R.T.C. contracted bus No.RJ-13-P-2078 collided with the motorcycle of the claimant. The bus driver Ajijudin was driving the bus rashly and negligently from the opposite direction. As a result of the collision, claimant fell 15-20 feet away head-long on the road sustaining serious injuries to his head, hands, legs and other body parts, rendering him unconscious at the scene of occurrence. His brother Rajuram, who was following behind, took him to the hospital where he was admitted.