SHRAWAN KUMAR Vs. DEVI SING

JUDGEMENT

(1.) The present appeal is directed against the judgment & order of the learned Single Judge dated 6.3.2000 dismissing S.B. Civil Miscellaneous Appeal No. 1742 of 1999 which was filed u/s 173 of the Motor Vehicles Act, 1988, against the award dated 9.9.1999 passed by the Motor Accident Claims Tribunal, Jaipur City, Jaipur (for short 'the Tribunal') partly allowing the Claim Petition No. 32 of 1989 filed by the present appellant.

(2.) The present appeal arises in the back ground of the accident dated 7.7.1988 at about 10.00 a.m., which occurred on account of colliding of Tanker RJA 1442 and it was case set up by the appellant that on account of the rash and negligent driving by the respondent No.1, the appellant, who was 20 years of age at that time, had suffered permanent disability on account of amputation of his left leg and such permanent disability was to the extent of 43.33%. The claimant further submits that he was a person with sound health and good physique and was earning Rs. 18,000/- p.a. at that time.

(3.) The total claim made by the appellant was to the extent of Rs. 10,70,700/- The Tribunal awarded a sum of Rs. 1,56,000/- in favour of the claimant under the various heads and directed the respondent No.5, United India Insurance Company Limited, Tonk Road, Jaipur to pay a sum of Rs. 1,50,000/- out of the awarded amount with interest for which the respondents No. 1, 2, 3 and 5 were held jointly and severally liable. For remaining amount of Rs. 6,000/- and interest thereon, the respondents No.1, 2 and 3 were held jointly and severally liable. The interest @ Rs. 12% p.a. was allowed.