NARESH Vs. SUSHILA DEVI

JUDGEMENT

(1.) The appellant/non-claimant No.1 has preferred the instant misc. appeal under Sec. 173 of the Motor Vehicles Act, 1988 ('Act') assailing the validity of the judgment and award dtd. 14/12/2015 passed by learned Judge, Motor Accident Claims Tribunal, Rajsamand ('Tribunal') in MAC Case No.261/2011, whereby the claim petition preferred by the respondent/claimant claiming compensation for the injuries suffered by him, has been partly allowed and compensation of Rs.1,47,000.00 has been awarded in favour of respondent/claimant along with interest @9% p.a. from the date of filing of claim petition i.e. 1/8/2011.

(2.) Briefly stated, the facts of the case are that respondent/claimant filed a claim petition under Sec. 166 of the Act claiming compensation for the injuries suffered by her in the accident, which took place on 6/2/2011. In the claim petition, it was stated by the claimant that on 6/2/2011 at about 09:00 am, while she was going for labour, near village Lasani in front of gate of Krishi Mandi, she was hit by non- claimant No.1/appellant herein while plying motorcycle (RJ-30-SC- 3228) rashly and negligently. As a result of which, the claimant sustained grievous injuries all over her body. The claimant filed the claim petition claiming compensation of Rs.10,13,000.00 along with interest @ 12% p.a. An FIR of the accident was also lodged at Police Station: Deogarh, District Rajsamand for offences under Ss. 279, 337-338 of IPC and Sec. 3/181, 141/196 of the M.V. Act.

(3.) The claim petition was contested by the non-claimants No.1 and 2 jointly while denying any fault in plying the offending vehicle. An objection with respect to delayed FIR was raised by the non-claimants and that the FIR was lodged in connivance with wrong facts. It was prayed that the claim petition be rejected.