AMIT KUMAR SHARMA Vs. KEDAR SHARMA

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and award dated 18th July, 2007 rendered by Motor Accident Claims Tribunal, Jaipur City, Jaipur, whereby the learned Tribunal held the appellant entitled to Rs. 1,61,500/- from the non-claimant-respondents, but decreed only an amount of Rs. 80,800/- in his favour and against the respondents.

(2.) BACKGROUND facts in a nutshell are thus:

(3.) SECTION 165 of the Act nowhere contemplates that the Tribunal was to adjudicate the negligence of the driver of motor vehicle involved in an accident. On the contrary, the Tribunal was required to adjudicate upon claim for compensation in respect of accident involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, or both.