GIRRAJ Vs. RAJASTHAN STATE ROAD TRANSPORT

JUDGEMENT

(1.) THROUGH this appeal under Section 173 of the Motor Vehicles Act, 1986, the appellants seek to modify the award dated 28.2.1994 passed by the learned Judge, Motor Accident Claims Tribunal, Bayana, whereby the learned Judge has awarded a sum of Rs. 11,000 to the injured.

(2.) ON 21.3.1988, a bus No. RNP -1417 belonging to the Rajasthan State Road Transport Corporation dashed against Jonga GAC 7392 in which injured was travelling, as a result of which the injured suffered fractures of tibia and fibula bone. The learned Tribunal having found that accident took place on account of rash and negligent driving of driver of bus, awarded a sum of Rs. 11,000 to the injured in the following manner:

(3.) IN the course of arguments, learned Counsel for both the parties jointly submitted that the question whether the leg of the appellant was amputed as a consequence of injuries sustained in road accident in 1988 is a disputed question of fact and if the answer is in affirmative then again the quantum of compensation has to be decided by the Tribunal. In the view of the matter, both the Counsel agreed that the matter may be remanded back to the Tribunal to decide both the issues.