LAXMI CHAND Vs. HANIF KHAN

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) Since the present appeal is pending consideration before this Court for last more than 25 years and despite service of notice, nobody has appeared on behalf of the respondents, therefore, the same is being decided after hearing the learned counsel for the appellant-claimant only.

(3.) Briefly noted the facts in the present appeal are that the appellant- Laxmi Chand was the driver of the Bus bearing registration No. RRF 7677, which met with an accident on 1/12/1996 with a Truck bearing registration No. RJ19 G-2430 at Bikaner to Nachna Road. On account of the injuries suffered by the appellant-claimant, he preferred a claim petition MAC Case No. 183/1997 before the Motor Accident Claims Tribunal, Bikaner (For short 'learned Tribunal'). The learned Tribunal, after framing the issues, decided the claim petition of the appellant vide order dtd. 10/8/2001 awarding a sum of Rs.1,25,565.00 in total and reduced the same by 50% on account of the contributory negligence of the appellant and, therefore, the amount awarded to the appellant in the present case was only Rs.62,782.00. Aggrieved of the same, the appellant had preferred the present appeal before this Court.