P.K.LOHRA,J. - (1.) Appellant-claimant has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, 'Act') seeking enhancement of compensation awarded by Motor Accident Claims Tribunal, Phalodi (for short, 'learned Tribunal') by its judgment and award dated 12th of September 1997.
(2.) By the judgment and award aforesaid, learned Tribunal adjudicated claim of the appellant under Section 166 of the Act and awarded him compensation to the tune of Rs.11,500/- for the injuries suffered by him in a road accident caused by Jeep bearing Registration No. RSF-4061 near Nagaur-Bikaner Octroi Outpost at a distance of 250 ft. from Phalodi. In the road accident, appellant suffered some serious injuries including fracture of left leg. For claiming compensation, requisite papers relating to medical treatment administered to him were also placed on record besides x-ray reports etc.
(3.) The learned Tribunal issued notices to the non-applicants including registered owner of the vehicle. In response to the notice, except registered owner no one appeared before the learned Tribunal. The registered owner Madan Gopal, in his reply, has categorically averred that he has already transferred the vehicle to one Bhanwar Singh, and therefore, no liability can be fastened on him. In order to substantiate this plea, some material facts are also averred including the fact that after the accident Jeep No.RSF-4061 was released to said Bhanwar Singh on Supardagi. The learned Tribunal, upon consideration of pleadings of rival parties, framed following issues for determination: ...[VERNACULAR TEXT OMITTED]...;