Gopal Krishan Vyas, J. - (1.) This miscellaneous appeal has been filed under Section 173, Motor Vehicles Act, 1988 against judgment/award dated 23.07.2010 passed by Motor Accident Claims Tribunal, Rajsamand in Claim Case No.20/08 (414/07), whereby, learned Tribunal awarded Rs. 3,21,000/- compensation in favour of the claimant respondent.
(2.) As per facts of the case, respondent-claimant met with an accident on 28.06.2009 when he was going on his motor-cycle, in between the way of village Visama to Gugunda, at about 12.30 P.M. The motor-cycle of the claimant-respondent was hit by Roadways bus No.RJ2 12/P/1519, which was going from Jaswantgarh towards Sayara and was being driven by its driver rashly and negligently. As a result, the accident occurred and claimant suffered serious injuries and, as per medical certificate, he suffered 50% physical disability on account of the said accident.
(3.) Learned counsel for the appellant submits that the accident took place due to rash and negligent driving of the motor-cycle by the claimant himself, therefore, the award is erroneous. Further, it is argued that the amount of compensation is excessive, therefore, the same may be quashed and set aside.;