MISHRI LAL Vs. MOHAN SINGH

JUDGEMENT

(1.) Instant misc. appeal has been filed by the appellant-claimant under Sec. 173 of the Motor Vehicles Act, 1988, assailing the impugned judgment and award dtd. 14/9/2012 passed by learned Judge, Motor Accident Claim Tribunal, Pali (hereinafter referred to as "the learned MACT/Tribunal") in MAC Case No.221/2011, whereby the learned Tribunal partly allowed the claim petition filed by the appellant/claimant and awarded a meager compensation of Rs.27,000.00.

(2.) Brief facts of the case are that the appellant-complainant filed a claim petition under Sec. 166 of MV Act before the learned Tribunal seeking compensation for the injuries sustained by him due to a motor vehicular accident occurred on 12/2/2011. It was stated in the claim petition that on 12/2/2011, when the appellant along with one Babulal was returning to their village from Sonaimanjhi on motorcycle No. RJ-22-5M-6262, at that time, a car bearing No.RJ-16-CA-1001 came and hit the motorcycle of the appellant. As a result of which, the appellant and Babulal fell down and sustained multiple severe injuries. It was averred that the accident occurred due to rash and negligent driving of respondent No.1, car driver and the appellant sought adequate compensation for the injuries.

(3.) In response, the respondent No.4/Insurance Company filed its reply to the claim petition, denying the averments of the claim petition.