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2006 DIGILAW 530 (RAJ)

Kashi Nath v. Aftab

2006-02-15

K.C.SHARMA

body2006
JUDGMENT 1. - Through this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellant seeks to modify the award dated 29.3.1994 passed by the Motor Accident Claims Tribunal, Jaipur, by which the learned Tribunal has awarded compensation to the tune of Rs. 3,000 out of the total claim of Rs. 1,11,000 as claimed by the claimant. 2. The factual matrix are that on 7.4.1987, a roadways bus bearing No. RNP 1250 dashed Jeep No. RJV 3945 and caused injuries to Bhairoo Lal, driver of the jeep and appellant Kashi Nath who was travelling in the said jeep, while they were going from Jaipur to Village Patan and were 5 kmt. ahead of village Chandwaji. 3. The learned Tribunal having found that accident occurred as a consequence of rash and negligent driving of bus by its driver, awarded a claim of Rs. 3,000 as against the injuries @ Rs. 1,000 per injury. Having gone through the injury report, it is evident that injured appellant sustained 3 simple injuries, for which the learned Tribunal, in my considered view, has rightly awarded Rs. 3,000. Thus, the award of the Tribunal to this extent does not call for any interference. 4. Undisputedly the jeep was damaged in the accident and the learned Tribunal has found that the appellant has incurred expenditure worth Rs. 52,400. However, the Tribunal has denied this claim as against damages to property on the ground that appellant was not able to produce either power of attorney or the registration certificate of the jeep. 5. During pendency of this appeal, the appellant has produced before this Court the required documents along with the application under Order 41 Rule 27 and has prayed that this application may be allowed and the power of attorney and registration certificate may be taken on record. For the reasons mentioned therein the application under Order 41 Rule 27 is allowed and appellant is held entitled to get award of Rs. 52,400 as against damages to property, but with no interest thereon, as the appellant himself failed to produce in evidence the documents before the learned Tribunal. 6. The appeal stands allowed in the manner indicated above, with no order as to costs.Appeal allowed. *******