GHANSHYAM Vs. ADDL DISTRICT JUDGE

JUDGEMENT

(1.) -ON 16. 5. 1999, while travelling as a passenger in a bus bearing registration No. RJ 21p 0450 from khinvsar to Jodhpur, the petitioner sustained injuries when the said bus collided with an oncoming truck bearing registration No. AS 25-8813. The petitioner and so also several other victims of such vehicular accident filed their respective claim applications seeking compensation; and the motor Accidents Claims Tribunal [additional District Judge (Fast Track) No. 4], jodhpur, proceeded to make a common award in their relation on 26. 11. 2005. So far the petitioner's case (Claim Case No. 884 of 2004) was concerned, the learned tribunal awarded him compensation in the sum of Rs. 9,000 together with interest at the rate of 7. 5 per cent per annum while fastening equal liability on the insurer of the bus and the owner of the truck involved in the accident.

(2.) BEING aggrieved of the quantum of compensation awarded and seeking enhancement, the petitioner has chosen to prefer this petition for writ under Articles 226 and 227 of the Constitution of India against the said award dated 26. 11. 2005.

(3.) PERUSAL of the record makes out that petitioner applied for the certified copy of the award on 29. 11. 2005 and received the same on 5. 1. 2006. However, this writ petition was filed only on 26. 7. 2006 and was admitted for consideration on 21. 8. 2007 after noticing the contention urged on behalf of the petitioner that the Tribunal has not taken into consideration his earnings in the range of about Rs. 8,000 to Rs. 9,000 per month.