DINESH CHANDRA SOMANI,J. - (1.) The instant civil misc. appeal has been preferred by the claimant/appellant for enhancement of compensation and liability to pay compensation to be imposed upon all the nonclaimant/ respondents jointly and severally, against the judgment dated 01/03/2011 passed by Presiding Officer, Special Court (Communal Riots)/Motor Accident Claims Tribunal, Jaipur (hereinafter referred as to "the Tribunal") in MAC No. 579/2008 (448/1997), whereby the claim petition was partly accepted and award of 14,89,060/- along with interest @ 6% per annum was passed instead of 20,60,000/- as claimed in the claim petition.
(2.) After filing of the instant appeal, non-claimant/respondent No. 2 Narendra Kumar Bhansali submitted cross-objections under Order 41, Rule 22 of CPC against the impugned judgment and award dated 01/03/2011 with prayer to quash and set aside the finding of the impugned award passed against him. In alternative it is also prayed that he may be allowed to defend the case on merits which has been decided ex parte against him and for this purpose the matter may be remanded back to the learned Tribunal.
(3.) Material facts necessary for disposal of this appeal are that the claimant/appellant filed a claim petition before the Tribunal against the non-claimant/respondents for claiming compensation for the injuries sustained by him stating therein that on intervening night of 04/03/1997 and 05/03/1997, the claimant was going on a motorcycle bearing No. RJ 14 M 2359 from Railway Station to Malviya Nagar, Jaipur which was driven by Mukesh Kumar. When they reached near Imliwala Phatak, a Fiat Car bearing registration No. RNV - 6918 came from opposite direction and hit the motorcycle of the appellant. The car was driven by Suresh Yadav rashly and negligently. It is also pleaded that Mukesh Kumar also turned the motorcycle towards Imliwala Phatak rashly and negligently. The accident occurred due to rash and negligent driving of both the drivers of car and motorcycle. It is also pleaded that the claimant sustained serious injuries and became permanently disabled to the extent of 50.89%. At the time of accident, the claimant was 32 years old and he was working with Indian Oil Corporation Ltd., Jaipur. The accident occurred due to rash and negligence of the drivers of both the vehicles and prayed to award 20,60,000/- as compensation jointly and severally against non-claimant/respondents.;