RAM LAL Vs. HARI SINGH AND ORS.

JUDGEMENT

(1.) The present appeal has been filed by claimant against the judgment and Award dt. 07.07.1994 passed by learned Judge, Motor Accident Claims Tribunal, Udaipur (in short 'the Tribunal) in MACT Claim Case No. 517/1989 whereby the learned Tribunal has awarded compensation of Rs. 25,000/- (towards compensation for injuries on person) and Rs. 1000/- (towards damages caused to car) = total Rs. 26,000/- and interest @ 12% per annum from the date of filing of the claim petition. The earlier paid amount under the head of 'no fault liability' was ordered to be adjusted from the final award.

(2.) Briefly stated the facts of the case are that on 16.08.1994 in the day hours at around 3.30 p.m. the claimant was going by his car No. RNY-5153 towards village Punavali via Gogunda-Ranakpur road in a normal speed and on his correct side. At that time, near Sumer Singh's house, a jeep belonging to Agriculture Department, Udaipur bearing No. RNI-9188, which was coming from the side of Gogunda and was being driven by its driver-Hari Singh in high speed, rash and negligent manner collided with his car, due to which, the claimant sustained injuries on his left shoulder, leg and chest and the car got crushed in the said accident. A sum of Rs. 3,15,000/-was claimed as compensation under different heads.

(3.) A reply to the claim petition was submitted by Hari Singh-driver of jeep, in which he stated that the accident took place because of fault on the part of car driver himself. In fact, the car was being driven speedily and on account of lack of experience on driving, the car driver could not control his car. Further the claim was stated to be highly exorbitant.