ALI KHAN Vs. VIJAY SINGH

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') has been preferred by the claimant Ali Khan against the award dated 2.1.1996 passed in Motor Accident Claim Case No. 41 of 1993 by the Motor Accidents Claims Tribunal, Barmer whereby the claim application has been rejected.

(2.) Brief facts leading to and relevant for this appeal are that the claimant-appellant Ali Khan submitted a claim application on 10.5.1993 seeking compensation of Rs. 4,78,900 under section 166 of the Act and Rs. 25,000 for no fault liability under section 140 of the Act arraying Chandra Singh, Chhug Singh and Lun Singh as non-applicant Nos. 1 to 3. The claimant averred that on 10.11.1992 his father Hazi Khan was sitting near a cabin at Bhadkha Bus Stand on Barmer-Jaisalmer Road at about 12 noon when Lun Singh, non-applicant No. 3, brought driving rashly and negligently a Tonga bearing the registration No. RNJ 8841 and suddenly the left side tyre of the vehicle came off and hit the deceased Hazi Khan on his temple and he fell down unconscious. Although no apparent injury was seen but blood started oozing out of his mouth. Gul Mohammad and other persons took Hazi to the Government Hospital, Barmer and he was referred to Jodhpur for further treatment where he died on 23.12.1992 due to grievous head injury. It was alleged that accident would not have occurred if the said vehicle was driven carefully by the non-applicant No. 3 at a public place like bus stand and if he had taken care of the tyres before driving the vehicle.

(3.) For quantification of the amount of compensation, the claimant averred that the deceased Hazi Khan was a skilled mason earning Rs. 60 per day and was 45 years of age, hence he would have contributed Rs. 4,32,000 to the claimant till the age of 65 years. Further amount of Rs. 20,000 was claimed towards loss of love and affection, Rs. 20,000 towards the treatment of the deceased and Rs. 3,900 for the attendants and Rs. 3,000 towards transportation charges.