P.K. Lohra, J. - (1.) Appellant-Claimant feeling dissatisfied with the impugned judgment and award dated 4th of April, 2006 of Motor Accident Claims Tribunal, Barmer (for short, 'learned Tribunal), has laid this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, 'Act').
(2.) Cause of grievance against the impugned judgment and award projected by the appellant is two-folds; which are findings on issue No.1 to the extent learned Tribunal has found both the vehicles evenly negligent for the accident, and adequacy of compensation awarded. In substance, appellant has craved for adjudging both the vehicles compositely negligent for the cause of accident and enhancement of compensation commensurating with the injuries suffered by him.
(3.) Brief facts are that on 22.08.2002 appellant was travelling in the bus hired on contract by the Rajasthan State Road Corporation bearing No.RJ-14-P-2000 from Jaipur, and while it was on its way towards Beawar-Ajmer, in the night at about 12 PM, head on collision took place with another bus of the Corporation bearing No.RJ-27-P-4112 of Udaipur depot coming from opposite direction near Beawar and in the accident besides others, appellant also sustained grievious injuries including fractures of hands and backbone besides severe head injuries. As per version of the appellant, accident occurred due to rash and negligent driving of both the vehicles by their drivers besides inapt handing of vehicles. A report of the said accident was lodged at Police Station, Beawar and after investigation, chargesheet against drivers of both the vehicles was filed in the concerned criminal court. Appellant, in his claim petition, in all, under different heads, claimed compensation to the tune of Rs.34,60,000, jointly and severally from the respondents.;