SANJAY KUMAR Vs. MANOJ KUMAR AND OTHERS

JUDGEMENT

(1.) Instant appeal u/S. 173 of the Motor Vehicles Act, 1988 has been filed by the claimant-appellant seeking enhancement of the award D/- 17-9-2004 passed by the Motor Accident Claims Tribunal, Kotputli, District Jaipur (hereinafter referred to 'Tribunal') in Claim Case No. 71/ 2003 by which a compensation to the tune of Rs. 66,000/- has been awarded to the claimant-appellant.

(2.) The brief facts, as emerging on the face of record and gathered after hearing counsel for the parties, are that on 28-11-2002 at about 6.30 in the evening, while the claimant-appellant, after taking biscuits, was coming to his father's cart (rehdi), at that moment, a scooter, bearing No. RJ-32-M-0647, which was being driven by his driver in high speed, in a rash and negligent manner, hit the appellant on account of which the appellant sustained serious and grievous injuries on various parts of the body and also lost his left eye. FIR to this effect was lodged in the concerned police station and the police, after investigation, filed charge-sheet against driver of the offending vehicle.

(3.) It is claimed that the appellant was a healthy child, quite intelligent, handsome but on account of unfortunate accident, he lost his left eye due to which he is unable to see from the left eye and that apart, there were several other injuries also and he was initially admitted to BDM Hospital and as his condition became bad he was referred to SMS Hospital, Jaipur where he remained admitted for many days and even thereafter continued to take treatment and a claim petition to this effect was lodged before the Tribunal claiming compensation to the tune of Rs. 21,40,000/-.