Bhanwaroo khan, J. - (1.) THE injured -appellant filed a claim petition in Motor Accident Claims Tribunal, Rajsamand with an averment that on 28.6.1987 at about 6.30 p.m. he was going to village on bicycle, a taxi car bearing No. RST -1445 came from behind and struck him. Due to which, he received grievous and serious injury and also the brain hemorrhage resulting in not allowing him to stand properly. He submitted a claim of Rs. 1,03,000/on varied heads against the respondents.
(2.) THE respondent Insurance Company submitted a reply and denied about the allegation levelled by the appellant and pleaded that as per Section 95 (2) (b) of the Motor Vehicles Act, 1939 (for short 'the Act of 1939' hereinafter) they are having limited liability against the happening of accident. No reply was submitted by the respondent No. 1. On behalf of the appellant, four witness were examined including himself. No testimony was led by the respondents. The Tribunal after evaluating and analysing the evidence passed an award of Rs. 79,000/ - in favour of the appellant. The appellant being aggrieved by the award so given being less in comparison to what he has demanded, has preferred this appeal.
(3.) BOTH the parties were heard and the file was gone through.;