- (1.) HEARD learned counsel for the appellant and learned counsel for the respondent no.3 ­ insurance company. None has appeared for the respondents no.1 & 2, the driver & owner respectively of the offending vehicle, despite service.
(2.) THE instant appeal has been filed by the appellant/ claimant seeking enhancement of the compensation awarded to him by the learned Judge, Motor Accident Claims Tribunal, Chittorgarh vide judgment and award dated 24.1.2008 in Claim Case No.133/2008 (417/2005) whereby as against the claimed amount of Rs.6,20,000/ -, he was awarded Rs.41,000/ - as compensation for the injuries received by him in a road accident. The appellant/claimant filed a claim petition under Section 166 of the Motor Vehicles Act before the learned Tribunal in relation to an accident which occurred on 13.11.2004. It was alleged that the respondent no.1 Radheyshyam @ Chhotu drove the motor cycle No.RJ -09 -6M - 6638 owned by Shambhu Lal (respondent no.2) and insured by United India Insurance Co. Ltd. (respondent no.3) rashly and negligently and collided against the appellant causing him grievous injuries. An F.I.R. No.481/2004 was registered at P.S. Chanderia in relation to the said accident wherein a charge - sheet was filed against the respondent no.1. The claim application was filed on various grounds.
(3.) THE learned Tribunal framed the usual issues regarding rash and negligent driving by the driver of the motorcycle being the cause of the accident, the defences available to the insurance company, the entitlement of the appellant to receive compensation and if so, the quantum thereof.;