The High Court of Rajasthan dismissed an appeal filed under Section 173 of the Motor Vehicles Act, 1988. The court upheld the compensation of Rs. 41,000 awarded by the Motor Accident Claims Tribunal to a mechanic involved in an accident caused by a tractor driver.
Appeal dismissed; compensation award of Rs. 41,000 stands affirmed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Misc. Appeal No. 3812/2011
----Appellants Versus
Bhaiya Khan S/o Shri Salim Khan by caste Musalman R/o Sadal Kheda, presently residing at Vistar Yojna. Adarsh Colony, Nimbaheda, District Chittorgarh.
----Respondent
For Appellant(s) : Mr. Suresh Shrimali with Mr. Rishabh Shrimali
HON'BLE MR. JUSTICE P.K. LOHRA
Judgment
23/10/2018
Appellant/non-claimants have laid this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, ‘Act’) for challenging judgment and award dated 16.11.2004, passed by Motor Accident Claims Tribunal, Nimbaheda (for short, ‘leaned Tribunal’). The learned Tribunal by the impugned award while adjudicating the claim of respondent-claimant under Section 166 of the Act awarded compensation to the tune of Rs.41,000/-.
The facts, in brief, are that the respondent-claimant, a mechanic, while taking trial of the motorbike, collided with Tractor bearing Registration No. RJ-09-4630 and met with an accident due to rash and negligent driving of the Tractor. Learned Tribunal,
(2 of 2)
[CMA-3812/2011]
while adjudicating the claim of respondent-claimant, awarded compensation to the tune of Rs.41,000/-.
I have heard learned counsel for the appellants and perused the impugned judgment and award.
After perusal of the impugned judgment and award, in my opinion, the amount of compensation quantified and awarded by learned Tribunal is just and reasonable and the same cannot be categorized as excessive or exorbitant. This being the position, the instant appeal is bereft of any merit and the same is hereby dismissed.
Bharti/39
1 issue framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal under Section 166 of the Motor Vehicles Act, 1988 was excessive or unreasonable.
1 provisions across 1 enactments
Azad Mohd.
Aziz Mohammed
Bhaiya Khan
P.K. Lohra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
