JUDGMENT (Swatanter Kumar, C.J.)

RELEVANT FACTS:

1. Mohd. Riyazur Rehman Siddiqui met with an accident on 30th September 1986 on Bidar-Udgir road while he was driving a motor-cycle No. MZV-6233. According to him, while he was driving the vehicle at a very moderate speed, the driver of jeep bearing No. MZV-6437 who was driving the vehicle rashly and negligently gave a dash to the motor-cycle and resultantly he sustained injuries. A case under Sections 279, 337 and 338 of the Indian Penal Code was registered with the Police Station, Udgir. The Appellant resultantly of the accident sustained permanent disability to the extent of 48%. He filed a Petition under Section 166 of the Motor Vehicles Act, 1988 being Case No. 26 of 1987 before the Motor Accident Claims Tribunal, Latur, which was contested and decided finally by the Tribunal vide its judgment and award dated 5th May 1989 awarding compensation of Rs.51,000/- only with interest at the rate of 10% per annum from the date of the claim petition. This judgment of the Tribunal was impugned by the Claimant by filing First Appeal No.638 of 1989 before this Court praying for enhancement of the compensation awarded. The owner-driver of the

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