RASHID Vs. RAJENDRA

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 12.4.2001 passed by the Motor Accident Claims Tribunal, Merta whereby compensation of Rs. 27,350/- was awarded to the claimant-appellant and refused total claim of Rs. 9,38,200/-.

(2.) The appellant became a victim of road accident, which occurred on 17.3.1999 at 10:30 PM when he was purchasing Bidi from shop of Heerji then respondent No. 1 Rajendra came driving Jeep No. RJ 01-C-6332 rashly and negligently and hit the appellant. The appellant fell down, his wrist watch worth Rs. 500/- got damaged and the appellant got injuries in both legs. He is now unable to walk and run properly as he was walking and running prior to the accident. A claim of Rs. 9,38,200/- was filed under section 166 of the Motor Vehicles Act, 1988 {herein after 'the Act'}.

(3.) The appellant claimed compensation with interest by making assertions that at the time of accident, he was 20 years of age and the accident was caused due to rash and negligent driving of Jeep by respondent No. 1 Rajendra. Due to the accident, the appellant sustained fracture in both legs and remained in hospital for 21 days. It was also asserted that he spent Rs. 40,000/- by way of medical expenses. After that he was apprehensive of loss of earning and it has affected his livelihood. He has been suffering constant pain and discomfort through out.