ISHWAR SINGH Vs. KAPIL KUMAR AND ORS.

JUDGEMENT

(1.) This appeal has been filed against the impugned judgment and award dated 30-9-2014 passed by learned Judge, Motor Accident Claims Tribunal, Jhunjhunu whereby a sum of Rs. 10,27,200.00 has been awarded along with interest @ 7% per annum in favour of the claimant-appellant Ishwar Singh. The operative part of the award is reproduced as under : VERNACULAR MATTER

(2.) Brief facts of the case are that the appellant claimant Ishwar Singh on 19-8-2009 at about 3.00 p.m. was going on his motor cycle and when he crossed the breaker at buse stand Noonia Gothra, then all of sudden an Indica Car bearing No. D1-3C-AX-5635 being driven by respondent No. 1 Kapil Kumar hit the appellant, as a result of which, he fell down on the road and received multiple injuries which were dangerous to life in nature. He was then shifted to Govt. Hospital, Jhunjhunu and thereafter referred to SMS Hospital, Jaipur from where he was transferred to Santokba Durlabhji Hospital and Fortis Hospital, Jaipur where he undergone his treatment. Upon that, an FIR No. 122/2009 was registered at P. S. Bagad for the offence under Sec. 279, 337 and 338, IPC. After usual investigation, police filed challen.

(3.) Thereafter, the claimant-appellant preferred a claim petition claiming compensation to the tune of Rs. 25,94,518.00 along with interest @ 18% per annum. Notices to the claim petition were issued, reply on behalf of opposite side was filed and as many as four issues were framed. After hearing both the parties, the learned Tribunal has passed the impugned award under appeal as mentioned herein above. Hence this appeal has been filed for enhancement of compensation amount.