G.S.SINGHVI, SUDHANSU JYOTI MUKHOPADHAYA
VIMAL KANWAR – Appellant
Versus
KISHORE DAN – Respondent
JUDGMENT
Sudhansu Jyoti Mukhopadhaya, J.:-The present appeal is filed against the judgment of the Rajasthan High Court, Jaipur Bench in S.B. Civil Misc. Appeal No. 1831 and 2071 of 2003. By the impugned judgment dated 29th July, 2011, the Rajasthan High Court upheld the compensation awarded by the Motor Accident Claims Tribunal, Jaipur (hereinafter referred to as the ‘Tribunal’) and observed as follows: “13. In the situation, in the light of the above detail and analysis it appears that the learned tribunal’s basis of calculating amount of compensation might be erroneous but in totality determined, assessed and awarded total amount of compensation Rs.14,93,700/- is proper and justified, and there is no adequate basis for increasing or reducing it. Therefore, judgment dated 21.06.2003 by Motor Accident Claims Tribunal, Jaipur is affirmed and appeals by the appellants and Insurance Company are dismissed.”
2. The factual matrix of the case is that on 14th September, 1996 one Mr. Sajjan Singh Shekhawat was sitting on his scooter which was parked on the side of the road and was waiting for one Junior Engineer, N. Hari Babu and another whom he had called for discussion. At that time, the
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