KASHI NATH Vs. AFTAB
LAWS(RAJ)-2006-2-25
HIGH COURT OF RAJASTHAN
Decided on February 15,2006

KASHI NATH Appellant
VERSUS
Aftab Respondents

JUDGEMENT

K.C.SHARMA,J. - (1.) THROUGH this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellant seeks to modify the award dated 29.3.1994 passed by the Motor Accident Claims Tribunal, Jaipur, by which the learned Tribunal has awarded compensation to the tune of Rs. 3,000 out of the total claim of Rs. 1,11,000 as claimed by the claimant.
(2.) THE factual matrix are that on 7.4.1987, a roadways bus bearing No. RNP 1250 dashed Jeep No. RJV 3945 and caused injuries to Bhairoo Lal, driver of the jeep and appellant Kashi Nath who was travelling in the said jeep, while they were going from Jaipur to Village Patan and were 5 kmt. ahead of village Chandwaji. The learned Tribunal having found that accident occurred as a consequence of rash and negligent driving of bus by its driver, awarded a claim of Rs. 3,000 as against the injuries @ Rs. 1,000 per injury. Having gone through the injury report, it is evident that injured appellant sustained 3 simple injuries, for which the learned Tribunal, in my considered view, has rightly awarded Rs. 3,000. Thus, the award of the Tribunal to this extent does not call for any interference.
(3.) UNDISPUTEDLY the jeep was damaged in the accident and the learned Tribunal has found that the appellant has incurred expenditure worth Rs. 52,400. However, the Tribunal has denied this claim as against damages to property on the ground that appellant was not able to produce either power of attorney or the registration certificate of the jeep.;


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