SHIV NARAYAN Vs. BABU RAM MALI

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) BOTH these appeals being CMA No. 743/2000 (claim case No. 121/ 95) and CMA No. 744/2000 (claim case No. 103/1995) have been preferred on behalf of respective injured -appellants for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur vide judgment dated 2nd March, 2000 whereby a sum of Rs. 57,000/ - was awarded by way of compensation to the injured Shiv Narayan in claim case No. 121/95 and Rs. 28,500/ - was awarded by way of compensation to the injured Mangilal in claim case No. 103/95 for the injuries sustained by them in the accident.

(3.) LEARNED Counsel for the injured appellants submits that the learned Tribunal has failed to award adequate compensation as the same has not been computed by taking Second Schedule to the M.V. Act to be the guidelines. It is further submitted that the injured was driving the scooter which met with an accident with the jeep which was coming from opposite direction and the Tribunal had apportioned 50% liability for rash and negligent driving to each vehicle and thereby amount of compensation has been reduced to 50% while there has been no fault of the appellant and he did not contribute to the accident.