BHEEM SINGH TIWARI Vs. RAVINDRA SINGH

JUDGEMENT

(1.) The instant appeal for enhancement of compensation has been filed under Sec. 173 of the Motor Vehicles Act against the judgment and award dated 07-10-2004 passed by Motor Accident Claims Tribunal (Additional District & Sessions Judge No. 1, Fast Track), Bharatpur (hereinafter referred to as "the Tribunal") passed in MAC No. 382/2004 titled Bheem Singh Vs. Ravindra Singh & Ors.

(2.) Briefly stated the claimant/appellant has filed the claim petition with averment that on 03-09-2002 at about 8:00 AM, he was going to his house and when he reached near Kanni Gujar Chauraha (circle) in Bharatpur, driver of a Marshal Jeep No. RJ- 05/C-2220 struck the claimant. The vehicle was driven by non-claimant/ respondent No. 1 rashly and negligently. At the relevant time, non-claimant/respondent No. 2 was registered owner of the vehicle and the vehicle was insured with respondent No. 3 Insurance Company. It was also pleaded that the claimant sustained several injuries on his body including grievous injuries on his Rt. hip and therefore, he became permanently disabled. Claimant demanded Rs. 2,00,000.00 compensation in different heads, from non-claimant/respondents.

(3.) Non-claimant/respondent No. 1 & 2 filed joint reply of the claim petition, denying all the material averments made in the petition and prayed to dismiss the petition against them.