HAMID ALIAS BHURIA Vs. RAJASTHAN STATE ROAD TRANS

JUDGEMENT

(1.) THESE two appeals have been preferred by the claimants -appellants for enhancement of compensation awarded by the Motor Accidents Claims Tribunal, Jaipur vide judgment dated 18.2.1991. Tribunal has awarded a sum of Rs. 1,35,000/ - to the claimant Hamid alias Bhuria for the injuries suffered by him and a sum of Rs. 7,000/ - to Abdul Sattar for the damage to the autorickshaw.

(2.) THE accident had taken place in the night intervening 13/14.9.1988. Hamid alias Bhuria who used to earn his livelihood by carrying passengers in the autorickshaw No. RRG 1533 was moving slowly on the left side of the road when the bus of Rajasthan State Road Trans. Corpn. No. RNP 2175 hit the autorickshaw with the result that it over -turned and Hamid alias Bhuria had sustained various injuries. The autorickshaw went up in flames. In the claim application a sum of Rs. 10,00,000/ - was claimed by Hamid alias Bhuria and a sum of Rs. 45,800/ - was claimed by Abdul Sattar. The reply of the R.S.R.T.C. was that the accident had occurred because of rash and negligent driving of the autorickshaw.

(3.) THE Tribunal after hearing the learned Counsel for the parties held under issue No. 1 that the accident took place because of rash and negligent driving of the bus by Bhanwar Singh. Under issue No. 2 compensation as stated above was held to be just compensation.