GAURAV KACHHWAHA Vs. RAJENDRA SINGH RAJAWAT

JUDGEMENT

(1.) This appeal depicts a sordid tale of victim of a motor accident and the gory tragedy which has made his life so miserable that virtually it is reduced as a vegetative life.

(2.) Appellant has laid this appeal under Section 173 of the Motor Vehicles Act 1988 (for short, 'Act of 1988') seeking enhancement of the amount of compensation quantified and awarded by learned Addl. District & Sessions Judge (Fast Track) No.4 (MACT Cases), Jodhpur, by its judgment and award dated 11th of August 2010.

(3.) The facts apposite for the purpose of this appeal are that on 14 th July 2001 when appellant was returning back with his friends Girish and Sumit from BJS colony on bicycle after attending his tuition classes, and proceeding towards his house, on the road Paota-BJS Colony, Jeep No.RJ-19-1C-4848 collided with the bicycle. The accident occurred due to rash and negligent driving of Jeep by its driver first respondent. Due to fast speed of the Jeep, it ran over the back of appellant and he suffered grave and serious injuries. Attributing the cause of accident to the driver of the offending vehicle jeep, appellant preferred claim petition under Section 166 read with Section 140 of the Act of 1940 and claimed total amount of compensation amounting to Rs.1,08,63,000 under different heads.