- (1.) Instant appeal u/s 173 of the Motor Vehicle Act, 1988 has been filed by the claimant-appellant seeking enhancement of the award dt.11/01/2007 passed by the Motor Accident Claims Tribunal, Sawai Madhopur in claim case No.63/2003 by which a compensation to the tune of Rs.86,314/- has been awarded to the claimant-appellant.
(2.) The brief facts, as emerging on the face of record gathered on perusal of the material available on record, impugned order and as per the arguments advanced by counsel for the parties, are that on 08/09/2002, when the claimant-appellant was standing nearby Truck Union Stand, Main Chowki, Sawaimadhopur, respondent No.1-Sahid, driver of Truck bearing No.RJ-14-1G-1073, suddenly took the truck in back side in a rash and negligent manner and in high speed, resulting in causing accident of the claimant-appellant and sustaining grievous injuries.
(3.) The claimant-appellant submitted claim petition before the Tribunal impleading the driver and owner of the bus as respondents No. 1 & 2 and since the bus was insured with the insurance company, the insurance company was impleaded as respondent No.3. It was pleaded in the claim petition that the claimant-appellant was aged about 27 years at the time of accident and was working as a Driver and despite being an experienced man in the field of driving, he has been unable to discharge his duties on account of the said accident. It was further pleaded that due to the said accident, apart from sustaining various injuries including fracture of Ulna Bone of left hand, there was fracture of neck of joint of femur bone of hip and injury in right elbow and claimed for compensation to the tune of Rs.9,63,000/-.;