BABULAL Vs. HASSAN MOHD.

JUDGEMENT

(1.) Heard. Perused the material available on record.

(2.) The instant appeal has been preferred by the appellant Babulal seeking enhancement in the quantum of compensation awarded to him by the learned Motor Accident Claims Tribunal, Nagaur in MAC No. 144/1999 vide judgment-cum-award dated 18.11.2003 whereby, the appellant was awarded compensation/damages to the tune of Rs. 47,000/- with interest at the rate of 6% per annum for the injuries received by him in road accident which took place on 23.07.1997.

(3.) While awarding the compensation, the Tribunal held the non-claimants jointly and severely liable to satisfy the award. The appellant herein filed the claim application before the Tribunal alleging that he and a few other people were proceeding towards Village Kherapa from village Panchori in a jonga bearing registration No. RJV-5908. A truck bearing registration No. HR-47-3821 came from the opposite direction from Jodhpur which was being driven by its driver Hasan Mohd. in a rash and negligent manner. When the jonga was about 6 Kms. away from Khinvsar, the offending truck came on the wrong side of the road, collided with the jonga causing multiple injuries to the claimant. The claimant claimed a total compensation of Rs. 3,47,000/- by way of filing the claim petition. In support of the claim, the claimant filed his medical documents as well as the medical certificate (Ex. 50) issued by the Associate Professor, Mahatma Gandhi Hospital, Jodhpur as per which, the right lower limb of the claimant was shortened by 1 inch. The percentage of permanent disability which the claimant suffered owing to the accident was assessed at 38.5%.