FIROZ KURASHI Vs. CHAWAND SINGH

JUDGEMENT

(1.) Instant appeal has been filed by the appellants under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 06.08.2013 passed by learned Judge, MACT, Bhilwara in Claim Case No. 653/2013 whereby, the learned Judge has awarded compensation in the sum of Rs. 82,240/- to the claimant appellant.

(2.) Succinctly stated, facts of the case are that on 25.05.2007, claimant Firoz Kurashi along with his friend Abbu @ Ikram was going from Gulabpura to Vijay Nagar on his bicycle. A that time, in front of Deepak Marbal, a Motor Cycle NO. RJ-06-SD-6550 being driven rash and negligently by the respondent no.1 hit behind the bicycle of the claimant, as a result of which he suffered certain simple and grievous injuries. As per claim petition, respondent No.2 is the owner of the vehicle in question and it was insured with respondent No.3-Insurance Company and prayed for compenation to the tune of Rs.9,51,000/-.

(3.) The non-applicants respondent nos.1 & 2 submitted a joint reply and stated that the accident was not occurred from the vehicle. The respondent No.1 driver was having the valid driving livence. The offending vehicle is insured with the respondent No.3- Insurance Company.