J.K. Ranka, J. - (1.) THE instant civil misc. appeal has been filed by the appellant -claimants under Section 173 of the Motor Vehicles Act for enhancement of the impugned award dated 19.12.1994 passed by the MACT Jaipur City Jaipur, in claim case No. 710/89, whereby the claimant was allowed a compensation of Rs. 2500/ - by the Tribunal.
(2.) THE brief facts as emerging on the face of record are that a claim petition came to be filed before the Tribunal mentioning therein that on 6.8.1988 when deceased Kanhaiya Lal along with Ram Gopal and Ram Niwas were coming from Sanganer on a Motor Cycle bearing No. RNI -8105, which was being driven by Ram Gopal with moderate speed and reached at Clarks Amber Hotel at about 4:00 p.m., a truck bearing No. PJA -6335, which was being driven rashly and negligently came from front side and caused head on collision with the vehicles as a result of which Kanhaiya Lal died and Ram Gopal sustained various injuries including fractures on right leg and head. It was alleged that Ram Niwas also sustained injuries on his person. It was averred that injured appellant was 29 years of age at the time of accident and was earning Rs. 2000/ - per month by running a furniture shop. It was alleged that he got unconscious for 22 days and spent a sum of Rs. 25 -26 thousand for his treatment and further that operation was conducted upon him and due to the injuries sustained in the accident he is unable to walk, sit and cannot climb up the stairs. It was further alleged that he did not go for work for six months. It was alleged that he got 10% disability due to the accident. Ex parte proceedings were drawn against non -petitioners Nos. 1 & 2. The learned trial court after hearing the parties. The non -petitioner No. 3 Insurance Company admitted that the vehicle in question was insured with them. However, in their reply it was pleaded that the accident occurred due to rash and negligent driving by the driver of the motor cycle.
(3.) THE learned Tribunal after hearing the parties framed as many as six issues including issue of relief.;