P.K.LOHRA,J. - (1.) Appellant - Rajasthan State Road Transport Corporation (for short, 'Corporation') has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, 'Act') to assail impugned judgment and award dated 02.07.1998, passed by Motor Accident Claims Tribunal No.2, Udaipur (for short, 'learned Tribunal'). By the judgment and award impugned, learned Tribunal has partly allowed claim petition of the first respondent under Section 166 of the Act and awarded compensation to the tune of Rs. 40,000/- for the injuries suffered by him in a road accident caused by the vehicle of Corporation.
(2.) Succinctly stated, the facts of the case are that respondent-claimant laid a claim petition before the learned Tribunal for compensation to the tune of Rs. 3,53,200/-, inter-alia, stating therein that on 23.05.1996, at about 9.40 P.M., he was travelling in Corporation Bus No. RJ 27/P-1460 from Jaswantgarh to Surat, which was driven rashly and negligently by its driver. Claim Petition further unfurls that when a tanker coming behind made an attempt to overtake the bus, both the vehicles collided, resulting in grave and serious injuries to him. The matter was reported to police and after investigation, the police submitted negative final report in the matter against the bus Driver. For quantifying amount of compensation, the respondent-claimant has pleaded that at the time of accident, he was 25 years old earning Rs. 3,500/- per month. As per version of the respondent-claimant, the grave and serious injuries suffered by him forced him to remain bedridden for a considerable period and caused him in pecuniary loss. The nature of injuries and the treatment administered to the respondent-claimant are also mentioned in the claim petition with clarity and precision.
(3.) The claim petition is contested by appellant and all the allegations are refuted. On the basis of the pleadings of the rival parties, learned Tribunal framed following issues for determination:- ...[VERNACULAR TEXT OMITTED]...;