P.K.LOHRA, J. - (1.) THE appellant-claimant has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for brevity, hereinafter referred to as 'the Act of 1988') for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jodhpur.
(2.) THE factual matrix giving rise to this appeal is that a claim under Section 166 of the Act of 1988 was laid by the appellant before the learned Tribunal quantifying compensation to the tune of Rs.11,25,000/- only. For claiming the said amount of compensation, the appellant has, inter alia, averred in the claim petition that on the fateful day of 5th June, 2005, at about 11:00 AM, when the appellant was riding on her Scooty bearing No.RJ-19-18M- 9505 accompanied by her sister, Shahina, as pillion rider, proceeded from Sojati Gate to High Court road. When she crossed Nai Sadak Choraha, a mini-bus bearing No.RJ-27- 1P-2665 dashed her from behind due to its rashly and negligently driving of the vehicle. The said accident has caused simple and serious injuries to the appellant. As per version of the appellant, a case under Sections 279, 337, 338 IPC was registered against the first respondent-driver. The claim petition was contested by the respondents and ultimately, the learned Tribunal after evaluating the evidence and other materials on recorded awarded a compensation to the tune of Rs.1,98,483/- only to the appellant-claimant.
(3.) I have perused the memo of appeal and also thoroughly scanned the impugned award passed by the learned Tribunal.;