RAM SINGH Vs. RAMLAL

JUDGEMENT

(1.) Injured-claimant-appellant has preferred this miscellaneous appeal under section 173 of Motor Vehicles Act, 1988 against the award dated 11.4.2000 passed by Judge, Motor Accidents Claims Tribunal, Jaipur City, Jaipur in Claim Case No. 976 of 1999, wherein the total award of compensation amounting to Rs. 85,000 was passed in his favour.

(2.) Brief facts of the case are that on 7.12.1998 at about 8.30 a.m. the injured- claimant-appellant, as a pillion rider, along with Babu Lal was going on scooter bearing No. RJ 14-7M 1282, a truck bearing No. RJ 05-G 0164 being driven by the respondent No. 1 rashly and negligently struck the said scooter, which resulted in the injury i.e., shortening of half inch of his leg. In the claim petition preferred by the injured-claimant-appellant, while awarding compensation learned Tribunal has not considered this aspect and has not awarded compensation for shortening of leg. On this ground the present miscellaneous appeal for enhancement has been preferred.

(3.) Heard learned counsel for both the parties and perused the material available on record.