PRABHU SINGH Vs. NEPAL SINGH

JUDGEMENT

(1.) The present Misc. Appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the appellant, who was the claimant before the Tribunal, against the judgment and award dated 18.10.2014 passed by the learned Judge, Motor Accident Claims Tribunal, Jaitaran, District Pali in MAC Case No.118/2014 "Prabhu Singh Vs. Nepal Singh & Ors." by which judgment, while allowing the claim petition of the appellant-claimant, the learned Tribunal awarded compensation in the sum of Rs.4,91,103/- in favour of the claimant for the injuries suffered by him in the accident in question occurred on 10.01.2011. This appeal has been preferred by the appellantclaimant seeking enhancement of the amount of compensation, as awarded by the Tribunal.

(2.) The brief facts of the case are that the appellant-claimant had filed the claim petition aforesaid seeking compensation with the averments that in the evening at around 4-5 p.m. on 10.01.2011, while he was going from his village to Kalinjar on his foot then, a motorcycle bearing registration number RJ-36 SC-1439 coming from his front side and driven rashly and negligently by its driver, i.e., the respondent No.1 Nepal Singh S/o Jhunjhar Singh, hit the claimant and as a result of this accident, the claimant was seriously injured. The claimant averred that because of this accident, he had suffered permanent disability and, therefore, suitable compensation may be granted. The claimant also averred that he earned Rs. 6000/- per month by doing the work of agriculture and its related other works.

(3.) After filing of the counter to the claim petition by the respondents, i.e., the driver, owner and the insurer of the vehicle in question, the Tribunal had framed the points for adjudication of the claim case and after taking the evidence on record and after its appreciation, awarded compensation in the sum of Rs.4,91,103/- in favour of the claimant.