JABBAR NATH Vs. CHAIRMAN

JUDGEMENT

(1.) The instant civil misc. appeal under Sec. 173 of the Motor Vehicle Act, 1988 has been preferred by the claimant/appellant for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Jodhpur (for short 'the Tribunal') vide impugned judgment and award dated 07.04.2006 passed in Claim Case No. 548/2005, whereby compensation to the tune of Rs. 11,150.00 has been awarded in favour of the claimant/appellants deducting 50% amount on the principle of contributory negligence.

(2.) Briefly stated the facts of the case are that the claimant filed a claim petition with the averment that on 011.2003, the deceased Thakar Nath and another claimant Jabbar Nath were travelling on Motorcycle RJ 19-4 M 0135 towards Barli village. When they reached Ugmani Golai, Bus No. RJ 19-P 7032 being driven rash and negligently by the driver hit the motorcycle. Due to the accident both Jabbar Nath and Thakar Nath sustained grievous injuries and Thakar Nath later on succumbed to injuries during the treatment.

(3.) Learned Tribunal issued notices to the non-claimants. Non-claimants No. 2 filed reply to the claim petition and stated that the accident occurred due to negligence on the part of the motorcycle rider, the motor bike being driven on the wrong side. Further the claimant has exaggerated the claim and insurance company cannot be held liable for payment of compensation and prayed for dismissal of the claim petition.