2015 Supreme(Raj) 1922
J.K.RANKA
Anil – Appellant
Versus
Kaluram Bairwa – Respondent
Advocates:
For the Appellant:Vinay Mathur, Advocate.
For the Respondents-Insurance Company:Shruti Dixit, Advocate.
JUDGMENT
1. - Instant Civil Misc. Appeal has been preferred by the claimant-appellant under Section 173 of the Motor Vehicles Act, 1988 assailing the award dated 25/06/2009 passed by the Additional District Judge (Fast Track) No. 7, Jaipur City, Jaipur (Motor Accident Claims Tribunal) in MAC Case No. 110/2005 (712/2003) by which the claim filed by the claimant-appellant has been dismissed.
2. Brief facts noticed are that the claimant-appellant, who was a student aged about 15 years, on 23/02/2003 at about 8.00 AM in the morning when he was going with his friend Naveen in a vehicle (Hero Puch Moped) and was crossing Malviya Nagar Bye-pass, Balaji Mode, at that time, a Tractor bearing No.RJ-14-1-R-1173, which was being driven by its driver in high speed, in a rash and negligent manner, came and hit Hero Puch Moped due to which the claimant-appellant is said to have got fracture in his leg and consequent thereto, the injury being severe, his leg had to be amputated. He also received certain other injuries. An FIR to this effect came to be lodged on 27/02/2003. The claim was filed claiming compensation to the tune of Rs. 47,12,000/-. The Tribunal, after analysing the material and eviden
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