GOVERDHAN BARDHAR,J. - (1.) Instant appeal has been filed by the appellant under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 18.01.2002 passed by learned Judge, MACT, Rajsamand in Claim Case No. 578/1998 whereby, the learned Judge has awarded compensation in the sum of Rs. 4,70,000/- to the claimant appellant.
(2.) Succinctly stated, facts of the case are that a claim petition was filed by the claimant before the Motor Accident Claims Tribunal, Rajsamand under Section 140/166 of the Motor Vehicles Act, 1988 [hereinafter referred to as 'the Act'], stating therein that on 10.05.1995 at 6:30 PM when he was going towards Odan along with his son Mukesh on Scooter No. RPJ 6324, at that time the Jeep No. RJ 27/ T 0008 being rash and negligently driven by the driver of jeep hit the scooter due to which he suffered grievous and simple injuries. The claimant Rang lal by way of claim petition sought compensation in the sum of Rs. 20,20,000/- from the respondents.
(3.) The non-claimant no.1 driver of the vehicle in his reply stated that the vehicle was not being driven by him in negligent manner and the accident was caused due to fault of claimant. It was further stated that the claimant had exaggerated the claim and the claim petition is liable to be dismissed. Further it was stated that since the vehicle was insured with the respondent No.2-Insurance company, therefore, the insurance is liable to make the payment of compensation.;