PIYUSH CHOUDHARY Vs. ALLAUDEEN

JUDGEMENT

(1.) The present misc. appeal has been filed by the appellant-claimant seeking enhancement of the compensation amount awarded vide Judgment and Award dtd. 19/1/2021 passed by the Motor Accident Claims Tribunal First, Jodhpur in MAC Case No.01/2010 (NCV No.01/2010).

(2.) The learned Tribunal, vide impugned judgment and award dtd. 19/1/2021 awarded a sum of Rs.8,09,640.00 in favour of the claimant alongwith interest @ 6% per annum from the date of filing of claim petition i.e. 1/2/2010 (excluding interest for the period from 19/11/2011 to 3/5/2018).

(3.) The brief facts as averred in the claim petition are that on 22/5/2009 at approximately 7:40 AM, the claimant was riding on his bicycle when in front of 'Mahadev Saloon' in Kheme Ka Kuan area, he was suddenly hit by a vehicle bearing registration number RJ-19-PA-4786 (hereinafter referred to as the "offending vehicle"). The said vehicle, owned by respondent No. 2, was driven in a rash and negligent manner and hence, resulted in a strong hit, causing grievous injuries to the claimant due to the impact. At the relevant time, the offending vehicle was insured with respondent No.3 Insurance Company.