SHANTI LAL Vs. GANESH LAL

JUDGEMENT

(1.) Appellants have preferred this appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short, 'Act') to challenge judgment and award dtd. 11/11/2014 passed by Motor Accident Claims Tribunal, Rajsamand (for short, 'learned Tribunal'). By the judgment and award impugned, learned Tribunal, while adjudicating claim of the respondent-claimant under Sec. 166 of the Act, has quantified and awarded compensation to the tune of Rs.1,30,000.00 for the injuries suffered by him in a road accident.

(2.) The facts, in brief, are that on 7/2/2011 at about 7.30 PM when respondent-claimant was going on bicycle towards Pipali Ahiran, he was hit by motorcycle No. RJ-30-3M-6118, which was driven rashly by its driver. Due to the accident, respondent- claimant suffered simple and grievous injuries. As per version of the respondent-claimant, the accident occurred due to rash and negligent driving of the offending vehicle. Under different heads, respondent-claimant quantified total amount of compensation to the tune of Rs.7,70,500.00. In the claim petition, both the appellants were impleaded as non-applicants and as the offending vehicle was not insured compensation was claimed from both of them jointly and severally.

(3.) The claim petition is contested by appellants and both of them in their joint reply denied occurrence of accident and alternatively averred that the accident occurred due to negligence of the respondent-claimant himself.