- (1.) THIS appeal for enhancement of compensation is directed against judgment and award dated 01.09.2006 passed by Motor Accident Claims Tribunal, Chittorgarh ('the Tribunal'), whereby, for the injuries suffered by the claimant -appellant, the Tribunal has awarded a sum of Rs.80,000/ - alongwith interest @ 6% per annum from the date of filing application for compensation ('the application') i.e. 06.01.2004.
(2.) THE facts in brief may be noticed thus: on 04.10.2003 at about 01.30 PM the appellant -claimant was travelling on a motor cycle from Nimbahera to Chittorgarh, when a Truck being driven by non -claimant respondent No.1 Badri Chandra hit the claimant from behind, which resulted in the claimant suffering multiple fractures. The application for compensation was filed before the Tribunal seeking compensation to the tune of Rs.5,96,000/ -. It was, inter alia, claimed that the claimant was working with J.K. Factory and was getting salary @ Rs.3,500/ - per month. The claimant suffered grievous injuries, wherein he suffered multiple fractures in his Arm, Thigh and in his Back -bone etc., which has resulted in permanent disablement. A reply was filed to the application and the averments made in the application were disputed.
(3.) THE Tribunal after considering the evidence available on record, came to the conclusion that the accident occurred on account of rash and negligent driving by driver of the Truck Badri Chandra, which resulted in, the claimant suffering grievous injuries.;