MAHESH CHANDRA SHARMA, J. - (1.) THIS Civil Misc. Appeal under Section 173 of the Motor Vehicles Act has been filed against the award dated 24th April, 2001 passed by the learned Tribunal, in Claim Case No. 44/96 whereby a sum of Rs.1,75,000/ - has been awarded to the claimant respondent with interest @ 9% per annum, from the date of application. The appellant and respondent No. 2 has been liable jointly and severally.
(2.) BRIEF facts of the case are that claimant -respondent Jagdish Prasad Gupta was posted as Junior Engineer in the Public Works Department, Jhalawar. On 17th November, 1994 he was present in village Dhabla Khinchi, Tehsil Pidawa. At that time, respondent driver Jumma Khan came to him and informed him that Assistant Engineer had called him at Jhalawar Headquarter for some necessary work. He also told that Junior Engineer of Pidawa should also come with us. Upon that the claimant appellant with the driver Jumma Khan in the Government vehicle jeep No. RNB 7661 went to Pidawa and from there he took his colleague Rajendra Kumar Lohmi and proceeded for Jhalawar. In the night at about 12.00 a.m. when they reached 3 -4 kms ahead of village Soyal, appellant Jumma Khan while driving the jeep rashly and negligently hit a tree which was standing in the right side of the road as a result of which the claimant received severe injuries alongwith Rajendra Kumar Lohmi. Thereafter, a claim petition was filed before the learned Tribunal. Notices were issued. Reply was filed. Issues were framed and evidence were submitted by the parties. After hearing the parties and scrutinizing the evidences, learned Tribunal had passed the aforesaid award. Aggrieved and dissatisfied with the aforesaid award dated 26th April, 2001, this civil misc. appeal has been preferred by the driver Jumma Khan.
(3.) AT the very outset on behalf of claimant, learned Counsel Mr.Virendra Agarwal has contended that the claimant has received the award amount and it is irrelevant for him whether the amount is to be recovered from the State Government or the appellant -respondent driver.;