AJYA RASTOGI, J. - (1.) THE claimant has filed appeal (CMA No. 230/01) for enhancement of compensation awarded and cross -appeal (CMA No. 2148/2000) has been filed by non -claimants for reduction of amount awarded by Motor Accident Claims Tribunal, Ajmer ('Tribunal') in MACT Case No. 1005/99 (166/95). Since both arise out of award dated 8.9.2000 are accordingly disposed of by this common judgment.
(2.) CLAIMANT Taj Hussain, who was 12 years of age and student of III standard, had sustained serious injuries on 22.10.1994 as a result of which he became permanently disabled in an accident which took place by offending truck No. RNZ 8738 being driven rashly and negligently by Mishru Khan (driver) with high speed and without following traffic rules, nearby the Filter Pump on Fair Sagar Road, Ajmer. Offending truck and owned by the Public Health Engineering Department of Government of Rajasthan. As per claim petition, the accident was so serious that claimant sustained grievous injuries culminating into his both the lower limbs permanently paralysed and he became permanently disabled, for which a certificate was also issued to him holding his 100% permanent disability. In the claim petition, claimant claimed compensation of Rs. 15,30,000. Respondent Nos. 2, 3, and 4 filed their reply to claim petition but no reply was filed by respondent No. 1 driver of offending truck (Mishru Khan D.W. 1). He merely supported the reply of other respondents. In para 28 of the reply, the respondents inter alia submitted that offending truck was just rolling down near Filter Pump to unload goods by parking at Filter Pump Station, and when offending truck came nearby the claimant while saving himself ran away and was hit by the truck and it was alleged that claimant was at fault and there was no negligence on the part of driver of offending truck.
(3.) STATEMENTS of Mishru Khan (truck driver -D.W. 1) and Chaturbhuj (pump driver -D. W. 2) were recorded. Both of whom completely denied factum of alleged accident as having taken place, and both stated in their statements that claimant was hit by valve at the nearby pump station and sustained injuries and have shown their complete innocence about accident, if at all taken place with offending truck.;