M.C. Sharma, J. - (1.) THIS appeal has been filed by the claimant appellant for enhancement of the quantum of compensation awarded by the Presiding Officer, MACT, Shahpura vide its judgment and award dated 19.4.2011. Brief facts of the case are that on 19.11.2009 at about 9.00 AM when the claimant appellant was riding on Motor Cycle No. RJ 14 TS 2405 along -with Ramesh Jat from Gathwadi, then before Ajabpura, in the right side of turn, suddenly a herd of Neel Gai (cows) appeared fastly and when the brakes were applied, the motor cycle got imbalanced and being uncontrolled fell on the road, as a result of which the claimant appellant grievous injuries and his right leg was fractured. An FIR to this effect was lodged at Police Station, Manoharpur. Thereafter a claim petition was filed claiming amount of compensation. Notices were issued and thereafter written statement of defence was filed. Issues were framed and after hearing the learned counsel for both the sides, the learned Tribunal passed the impugned judgment and award dated 19.4.2011. Being dissatisfied with the aforesaid judgment and award, the instant appeal has been filed by the claimant/appellant for enhancement of compensation.
(2.) I have heard learned counsel for the parties and carefully perused the relevant material made available to me. I am in unison with the findings arrived at by the learned Tribunal. The learned Tribunal is found to have dealt with each and every aspect of the matter and categorically observed that since the claimant appellant failed to prove the negligence of the driver of the offending vehicle, as such he is not entitled to get any amount of compensation under Section 166 of MV Act, but held him entitled to get Rs. 25,000/ - as compensation under Section 140(4) of MV Act. Looking to the facts and circumstances of the case, I do not think it proper to interfere in the impugned judgment and award passed by the learned Tribunal and thus, the appeal filed by the claimant -appellant being without any substance is hereby dismissed after confirming the judgment and award passed by the learned Tribunal.;