- (1.) THE instant civil misc. appeal has been filed by the appellant claimant under Section 173 of the Motor Vehicles Act for enhancement of the impugned order dated 8.11.2005 passed by the MACT, & Addl. District & Sessions Judge (Fast Track) No.6, Jaipur City, Jaipur, in claim case No.621/2004, whereby the claim petition filed by the claimant has been partly allowed granting compensation of Rs.2,14,145/ - in favour of the claimant.
(2.) THE brief facts as emerging on the face of record are that a claim petition came to be filed before the Tribunal with the averments that on 19.11.2000 the claimant was going on his cycle from Jagatpura to Khonagoriyan, at about 4:15 p.m. when he reached near Khonagoriyan then suddenly a Truck bearing No.R.N.G. 2757 came behind, which was being driven by the driver in a rash and negligent manner hit the claimant due to which the claimant sustained injuries on his person. Therefore, the claimant prayed for a compensation of Rs.34,02,000/ - to be paid by the non - petitioners as they are responsible for the said accident. The non -petitioners Nos.1 and 2 did not appear before the Tribunal, therefore, on 19.2.2003 ex parte proceedings against them were drawn. The non -petitioner Insurance Company in their reply stated that the owner of the said vehicle did not inform them about the accident, at the time of accident the driver of the vehicle was not under the employment of the owner of the vehicle, therefore, no liability is accrued against them. The Insurance Company while denying the averments made in the petition prayed that the petition be rejected keeping their legal rights reserved.
(3.) AFTER hearing the arguments advanced by the parties, the learned Tribunal framed as many as 5 issues including the issue of relief. In support of his claim, the claimant produced in oral evidence himself as A.D.1 and Dr. B.M. Gupta as A.D.2 and got exhibited 128 documents. The Tribunal after considering the submissions of the counsel and perusing the material available on record passed the impugned award granting compensation of Rs.2,14,145/ - in favour of the claimant. Hence this appeal.;