{"id":90018,"date":"2008-11-04T00:00:00","date_gmt":"2008-11-03T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/gaurav-kachhawaha-vs-rajendra-singh-ors-on-4-november-2008"},"modified":"2018-12-22T20:17:48","modified_gmt":"2018-12-22T14:47:48","slug":"gaurav-kachhawaha-vs-rajendra-singh-ors-on-4-november-2008","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/gaurav-kachhawaha-vs-rajendra-singh-ors-on-4-november-2008","title":{"rendered":"Gaurav Kachhawaha vs Rajendra Singh &amp; Ors on 4 November, 2008"},"content":{"rendered":"<div class=\"docsource_main\">Rajasthan High Court &#8211; Jodhpur<\/div>\n<div class=\"doc_title\">Gaurav Kachhawaha vs Rajendra Singh &amp; Ors on 4 November, 2008<\/div>\n<pre>                              1\n\n IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN\n                       AT JODHPUR\n\n\n                     JUDGMENT\n\n   Gaurav Kachhawaha vs. Rajendra Singh Rajawat &amp; Ors.\n\n\n          S.B. CIVIL MISC. APPEAL NO. 2419\/2007\n          under section 173 of the Motor Vehicle\n          Act, 1988 against    the  judgment  and\n          award dated 24.08.2007 passed by the\n          Addl.    District &amp; Sessions Judge (Fast\n          Track) No.4, Jodhpur in claim case No.\n          99\/2005.\n\n\nDATE OF JUDGMENT             ::            04.11.2008\n\n\n                         PRESENT\n\n          HON'BLE MR.JUSTICE MANAK MOHTA\n\n\nMr.A.K.Rajvanshi for the appellants.\nMr.A.K.Dadhich for respondent No.3.\n\n\nBY THE COURT :<\/pre>\n<p>          The above mentioned appeal has been filed by the<\/p>\n<p>claimant appellant against the judgment and award dated<\/p>\n<p>24.08.07 passed by the Addl.District and Sessions Judge (Fast<\/p>\n<p>Tract) No.4, -cum- Judge, MACT , Jodhpur in claim case<br \/>\n<span class=\"hidden_text\">                                  2<\/span><\/p>\n<p>No.99\/2005 by which the learned Judge has dismissed the<\/p>\n<p>claim petition filed by the claimant appellant.<\/p>\n<p>      Briefly stated, for the disposal of this appeal factual<\/p>\n<p>aspect of this case are      that from the perusal of record it<\/p>\n<p>reveals that on 14.07.01 the present appellant was coming on<\/p>\n<p>his bicycle along with two others Girish Mathur and         Sumit<\/p>\n<p>Tripathi. It is said that when they reached at Paota B Road, at<\/p>\n<p>that time a jeep bearing No.RJ19-IC-4848 came from the front<\/p>\n<p>side in a rash and negligent manner and hit the appellant. He<\/p>\n<p>fell down and then the wheel of the jeep passed over the back<\/p>\n<p>of the claimant. Due to this accident, claimant received serious<\/p>\n<p>spine injuries and it is said that his \u00bd portion of the lower part<\/p>\n<p>of the body lost complete sensation and he got paralised. It is<\/p>\n<p>stated that he also sustained head injury in the said accident.<\/p>\n<p>It is further stated that at the time of accident, appellant was of<\/p>\n<p>21 years old and he was studying in 12th Class. Along with his<\/p>\n<p>studies, he used to take tuition and by this job, he used to earn<\/p>\n<p>Rs.3,000\/- per month. It is stated that due to serious injuries<\/p>\n<p>caused in accident, he remained under treatment for a pretty<\/p>\n<p>long time and he visited different hospitals. Even          during<br \/>\n<span class=\"hidden_text\">                                     3<\/span><\/p>\n<p>treatment, as per advice of the doctor,              he   approached<\/p>\n<p>hospital at Beijing , China. He has stated that a huge amount<\/p>\n<p>was spent over the treatment and still he is under treatment .<\/p>\n<p>He has stated in the claim petition that at the time of accident,<\/p>\n<p>jeep was driven    by respondent No.1 Rajendra Singh Rajawat<\/p>\n<p>and it was owned by respondent No.2 Sumer Singh. At that<\/p>\n<p>time the jeep was insured with respondent No.3, United India<\/p>\n<p>Insurance Company. As the           accident was caused         by the<\/p>\n<p>driver of the jeep, therefore, driver , owner, as well as the<\/p>\n<p>insurer of the jeep are stated to be responsible for the payment<\/p>\n<p>of compensation. Due to the gravity of the injuries , he became<\/p>\n<p>totally handicapped of working , he used to take permanent<\/p>\n<p>assistance of others to perform his daily and routine work. On<\/p>\n<p>that basis, doctor has certified his disability upto 100% vide<\/p>\n<p>Ex.8. In   claim petition    he         has mentioned the details of<\/p>\n<p>compensation      and   on   that       basis,   a    total   claim   of<\/p>\n<p>Rs.1,08,63,000\/- was claimed. It was also stated in the claim<\/p>\n<p>petition   that a report of this incident was lodged at the<\/p>\n<p>concerned police station and ultimately              the police, after<\/p>\n<p>thorough investigation, filed challan against the driver of the<\/p>\n<p>offending jeep, with the allegation of rash and negligent driving<br \/>\n<span class=\"hidden_text\">                                    4<\/span><\/p>\n<p>of the said jeep and causing injuries to appellant. A prayer<\/p>\n<p>was made to award         adequate compensation in the      claim<\/p>\n<p>petition.\n<\/p>\n<p>        Notice of claim petition       was issued. The respondent<\/p>\n<p>No.1 and 2, the alleged driver and owner of the jeep, filed joint<\/p>\n<p>reply     denying the allegations made in the claim petition.<\/p>\n<p>Further it is stated that the jeep was never indulged in said<\/p>\n<p>accident and a false case was lodged against them and in<\/p>\n<p>that case jeep was seized wrongly and in the last a prayer was<\/p>\n<p>made to dismiss the claim petition.\n<\/p>\n<\/p>\n<p>        The Insurance Company , respondent No. 3 also filed<\/p>\n<p>separate reply and denied the facts stated in the claim petition.<\/p>\n<p>It further stated that accident was caused by one scooter as<\/p>\n<p>stated by       the claimant himself. Thereafter to procure<\/p>\n<p>compensation, the involvement of concerned jeep has been<\/p>\n<p>shown. Therefore, Insurance Company cannot be made liable<\/p>\n<p>for compensation. In the alternative, it was also submitted that<\/p>\n<p>it is a case of contributory negligence. Further it is stated that<\/p>\n<p>at the time of alleged accident, the jeep driver was not having<\/p>\n<p>valid driving licence. Thus, that was a violation of breach of the<br \/>\n<span class=\"hidden_text\">                                5<\/span><\/p>\n<p>terms of the policy. Therefore, Insurance Company cannot be<\/p>\n<p>made responsible for the payment of compensation and prayer<\/p>\n<p>was made to dismiss the claim petition.\n<\/p>\n<\/p>\n<p>     On the basis of the pleading of the parties, the learned<\/p>\n<p>tribunal framed relevant issues    with regard to factum      of<\/p>\n<p>accident and with regard to quantum of compensation.<\/p>\n<p>      From the side of claimant, AW\/1 Gaurav Kachhawaha ,<\/p>\n<p>AW\/2 Bhuvneshwar Bhati, AW\/3 Anand Singh Kachhawaha,<\/p>\n<p>AW\/4 Dr. Sumnesh Mathur, and AW\/5 Dr.Kishore Raichandani<\/p>\n<p>were produced and also got exhibited certain documents Ex.1<\/p>\n<p>to Ex. 160 in support of his claim. In rebuttal, the respondents<\/p>\n<p>got examined NAW\/1 Devi Singh, NAW\/2 Rajendra Singh and<\/p>\n<p>NAW\/3 Ravi Mehta and also got exhibited Ex. A-1 to A-10.<\/p>\n<p>     After hearing both the side, the learned tribunal did not<\/p>\n<p>find involvement of the driver of the jeep in accident and while<\/p>\n<p>deciding   issue No.1, held that accident occurred not due to<\/p>\n<p>rash and negligent driving of the driver of the vehicle. Thus,<\/p>\n<p>issue No.1 was    decided against the appellant. The learned<br \/>\n<span class=\"hidden_text\">                                6<\/span><\/p>\n<p>tribunal,   over ruled the other contentions raised by the<\/p>\n<p>Insurance Company and under the quantum of compensation<\/p>\n<p>on the basis of material available on record, determined the<\/p>\n<p>amount of compensation      as Rs.8,37,869\/-. But considering<\/p>\n<p>the finding on issue No.1 ultimately rejected the claim petition<\/p>\n<p>vide its judgment and award dated 27.08.07.           Being felt<\/p>\n<p>aggrieved and dissatisfied with the finding on the issues held<\/p>\n<p>against the claimant, the    claimant   appellant has filed this<\/p>\n<p>appeal challenging the validity , legality and propriety of the<\/p>\n<p>learned tribunal in passing the judgment. Looking to the facts of<\/p>\n<p>the case, notice   for disposal of the case at the admission<\/p>\n<p>stage was issued to the respondents. Despite service,<\/p>\n<p>respondent No.1 and 2 driver and owner of the vehicle did not<\/p>\n<p>appear. Counsel for Insurance Company appeared. Arguments<\/p>\n<p>were heard.\n<\/p>\n<\/p>\n<p>       During the course of arguments learned counsel for the<\/p>\n<p>claimant appellant submitted that learned tribunal has not<\/p>\n<p>properly considered and appreciated the material available on<\/p>\n<p>record and erroneously passed judgment while rejecting the<\/p>\n<p>claim petition. It was contended that the learned Judge was<br \/>\n<span class=\"hidden_text\">                                 7<\/span><\/p>\n<p>highly influenced by the fact that the police after investigation<\/p>\n<p>filed a final report in court and drew an inference that a false<\/p>\n<p>case was registered against the driver of the jeep. But that was<\/p>\n<p>totally against the record. It was submitted that the police filed<\/p>\n<p>the final report   on account of the fact that the concerned<\/p>\n<p>offending vehicle was not     available but later on,     on the<\/p>\n<p>protest of the claimant appellant, the matter was re-investigated<\/p>\n<p>and challan was filed against the driver of the offending<\/p>\n<p>vehicle,but the learned tribunal has over looked the important<\/p>\n<p>material in this respect. Likewise learned tribunal was highly<\/p>\n<p>impressed by the fact that in a report made by the father of the<\/p>\n<p>claimant injured, number of the vehicle has not been narrated.<\/p>\n<p>Thereafter, the said jeep was wrongly connected. It was said<\/p>\n<p>that such sort of finding is also against the record. In fact ,<\/p>\n<p>report was lodged by the father of the injured Anand Singh<\/p>\n<p>who was not an eye witness of occurrence.         First time   he<\/p>\n<p>visited his son in serious condition in hospital. Due to that<\/p>\n<p>he became disturbed. He has specifically mentioned in the<\/p>\n<p>report Ex.2 that his son sustained injuries in motor accident.<\/p>\n<p>He has further     stated that his son is hospitalized but he is<\/p>\n<p>unconscious and he has further stated in his report that the<br \/>\n<span class=\"hidden_text\">                                      8<\/span><\/p>\n<p>particulars of the vehicle involved in accident are within the<\/p>\n<p>knowledge of his friend      Girish and that will be supplied later<\/p>\n<p>on. But the learned tribunal did not           appreciate the facts in<\/p>\n<p>totality and took the injuries in isolation and wrongly interfered<\/p>\n<p>that the      said vehicle was not involved           in accident and<\/p>\n<p>concluded the issue.\n<\/p>\n<\/p>\n<p>       It was also contended that from the very beginning on<\/p>\n<p>behalf of the claimant it was stated that police was under the<\/p>\n<p>influence     of respondent No.1 and 2, therefore, they did not<\/p>\n<p>make        fair and proper investigation and recorded wrong<\/p>\n<p>statement and concluded accordingly. The witnesses who<\/p>\n<p>appeared before the       learned tribunal      has made clear the<\/p>\n<p>position.     Before the tribunal,       on behalf    of the claimant,<\/p>\n<p>injured himself has appeared and he has specifically            stated<\/p>\n<p>how the incident occurred. His statement is trustworthy. It was<\/p>\n<p>urged that only on his statement issue was found well proved.<\/p>\n<p>His statement is further corroborated            by     other evidence<\/p>\n<p>also . In this respect, learned counsel for the appellant drew<\/p>\n<p>my attention towards the statement of witnesses and on the<\/p>\n<p>basis of material available on record , it was stated that in<br \/>\n<span class=\"hidden_text\">                                  9<\/span><\/p>\n<p>rebuttal, only driver of the offending vehicle has appeared but<\/p>\n<p>he is   highly interested witness , his            statement cannot be<\/p>\n<p>believed. It was also urged that       during investigation, notice<\/p>\n<p>Ex.5 under section 133 of the M.V.Act was given to owner of<\/p>\n<p>the vehicle Sumer Singh.        That has been received by him,<\/p>\n<p>despite that neither he has replied to notice               nor he has<\/p>\n<p>appeared before the tribunal in evidence. Thus, the evidence<\/p>\n<p>produced    by the claimant           has remained          unrebutted.<\/p>\n<p>Learned counsel for the appellant submitted that as to prove<\/p>\n<p>issue No.1 the sole witness in this case is injured himself . His<\/p>\n<p>statement was sufficient and the tribunal should have relied on<\/p>\n<p>his statement. There was no need to produce other witnesses.<\/p>\n<p>In support of his contentions, he also cited a judgment given in<\/p>\n<p>Chako    vs. State of Kerala (AIR 2004 SC 2688) and drew my<\/p>\n<p>attention towards the observation made in para No.7 of the<\/p>\n<p>judgment, which is as under:-\n<\/p>\n<\/p>\n<p>                   &#8220;Coming to the        question whether<br \/>\n             on the basis of a solitary evidence<br \/>\n             conviction can be maintained. A bare<br \/>\n             reference of Section 134 of the Indian<br \/>\n             Evidence    Act,     1872       (in    short   &#8216;the<br \/>\n             Evidence Act&#8217;)          would         suffice. The<br \/>\n<span class=\"hidden_text\">                                10<\/span><\/p>\n<p>              provision clearly states that no particular<br \/>\n              number of witnesses is required to<br \/>\n              establish the case. Conviction can be<br \/>\n              based on the testimony of single witness<br \/>\n              if he is wholly reliable. Corroboration may<br \/>\n              be necessary when he is only partially<br \/>\n              reliable.&#8221;\n<\/p>\n<p>       Learned counsel for the appellant further stated that the<\/p>\n<p>learned tribunal has also committed a grave error in computing<\/p>\n<p>the quantum of compensation. In this respect learned counsel<\/p>\n<p>drew my attention towards the statements of witnesses<\/p>\n<p>specially the statement of AW\/5 Dr.Kishore Raichandani and<\/p>\n<p>AW\/4      Dr.Sumnesh Mathur respectively. He also drew my<\/p>\n<p>attention towards the statement of the father of the claimant<\/p>\n<p>and on that basis, it was stated that huge amount has been<\/p>\n<p>incurred and further expenditure on treatment is going on . The<\/p>\n<p>learned    tribunal   should have considered these important<\/p>\n<p>aspect of the case, but it has not considered in right way and<\/p>\n<p>has not awarded adequate compensation. The learned tribunal<\/p>\n<p>has wrongly discarded some evidence and documents. On<\/p>\n<p>the basis of these submissions, it was urged that the finding<\/p>\n<p>on the concerned issue be quashed and it may be held that<br \/>\n<span class=\"hidden_text\">                                11<\/span><\/p>\n<p>accident occurred due to the sole rash and negligent driving of<\/p>\n<p>the driver of the jeep and adequate compensation may be<\/p>\n<p>determined and awarded and appeal may be allowed.<\/p>\n<p>     On the contrary, learned counsel for the the Insurance<\/p>\n<p>Company refuted the contentions and submitted that           the<\/p>\n<p>claimant appellant has not been able to establish before the<\/p>\n<p>tribunal that the concerned jeep was involved in accident. It<\/p>\n<p>was contended that from the record it is reveled that father of<\/p>\n<p>the claimant   has lodged the report after getting information<\/p>\n<p>from the person who is stated to be an eye witness of the<\/p>\n<p>incident. Even he has not mentioned the particulars of the<\/p>\n<p>vehicle. Later on they have,        with some ulterior motive to<\/p>\n<p>procure compensation, has indulged the concerned jeep. The<\/p>\n<p>tribunal has rightly concluded issued No.1 and there is no<\/p>\n<p>scope for interference and it was urged that the judgment may<\/p>\n<p>be maintained and the appeal may be dismissed.<\/p>\n<p>     I have considered the rival submissions and perused the<\/p>\n<p>finding on each issue and    the conclusion drawn thereon. I<\/p>\n<p>have perused the authority cited by the learned counsel for the<br \/>\n<span class=\"hidden_text\">                                 12<\/span><\/p>\n<p>appellant and the material available on record. The main<\/p>\n<p>question arises for consideration in this appeal is whether the<\/p>\n<p>finding on issue No.1 given by the learned tribunal is not in<\/p>\n<p>accordance with the record of the case and does it require<\/p>\n<p>interference ?.\n<\/p>\n<\/p>\n<p>     Keeping in mind the contention raised by the learned<\/p>\n<p>counsel for the parties,   first of all   it is proper to scan the<\/p>\n<p>evidence, in brief, produced by the parties.<\/p>\n<p>     From the side of claimant AW\/1 Gaurav Kachhawaha,<\/p>\n<p>injured himself has appeared. He has stated that on 14.07.01<\/p>\n<p>he himself along with his friends Sumit and Girish were going<\/p>\n<p>on bicycles. At that time, a jeep bearing No.RJ 19-IC-4848<\/p>\n<p>came in his wrong side. That jeep was in a high speed and it<\/p>\n<p>hit his bicycle and he fell down. He has further stated that the<\/p>\n<p>tyre of the jeep passed over his body. He has stated that his<\/p>\n<p>friend Girish has seen the occurrence. He informed about the<\/p>\n<p>accident to his family members. He has also stated that he<\/p>\n<p>remained unconscious for 3 days he was admitted in MDM<\/p>\n<p>Hospital, Jodhpur and gained conscious thereafter. He has<br \/>\n<span class=\"hidden_text\">                                   13<\/span><\/p>\n<p>further stated that at that time police came to the hospital but<\/p>\n<p>his statement was not taken by the police. In his statement he<\/p>\n<p>has   denied    the   statement    Ex.A\/1     suggested   in   cross<\/p>\n<p>examination. He has also narrated in details about the<\/p>\n<p>treatment and     exhibited the concerned documents.           AW\/2<\/p>\n<p>Bhuvnesh Bhati is said to be the attendant attached to the<\/p>\n<p>injured for his assistance. He has stated that he was attending<\/p>\n<p>the injured and he used to get Rs.7,000\/- per month . He has<\/p>\n<p>also proved the relevant papers         of payment,. AW\/3 Anand<\/p>\n<p>Singh Kachhawaha is the father of the appellant. He has stated<\/p>\n<p>that he got the information of accident from Girish but at that<\/p>\n<p>time his son was not conscious. He has further stated that he<\/p>\n<p>made a report to the police, Ex.2, he has further stated that his<\/p>\n<p>son was unconscious at the time of lodging report. He has<\/p>\n<p>stated that Girish met him after 10 days and has told the full<\/p>\n<p>particulars of accident, but he has denied the police statement<\/p>\n<p>Ex.A\/4, suggested in cross examination. He has also narrated<\/p>\n<p>the facts with regard to treatment given by the doctors to his<\/p>\n<p>son. AW\/4 Dr.Sumnesh Mathur is the Physiotherapist. He has<\/p>\n<p>stated that he used to attend the injured as per requirement.<\/p>\n<p>He has also stated that the            injured claimant will require<br \/>\n<span class=\"hidden_text\">                                14<\/span><\/p>\n<p>physiotreatment through out his life and for that he has to incur<\/p>\n<p>Rs.2,000\/- per month. AW\/5 Dr.Kishore Raichandani          is the<\/p>\n<p>doctor who has issued disability certificate Ex.8. He has stated<\/p>\n<p>in detail the injuries sustained by the claimant and has further<\/p>\n<p>stated that there was no improvement in the condition even<\/p>\n<p>after passing of five years.\n<\/p>\n<\/p>\n<p>      From the side of respondent, NAW\/1 Devi Singh has<\/p>\n<p>been produced he was the investigating officer    on the report.<\/p>\n<p>He has stated that due to the non-traceability of the concerned<\/p>\n<p>vehicle, final report Ex.A\/8 was given in the Court. NAW\/2<\/p>\n<p>Rajendra Singh has been produced and he has denied in his<\/p>\n<p>statement the involvement of the concerned vehicle but he has<\/p>\n<p>admitted that police had filed challan against him in court.<\/p>\n<p>NAW\/3     Ravi Mehta     has been produced     on behalf of the<\/p>\n<p>Insurance Company. He has simply stated that information of<\/p>\n<p>the accident was not given. The learned tribunal while deciding<\/p>\n<p>issue No.1, has only considered the statement of           AW\/1<\/p>\n<p>Gaurav Kachhawaha. Admittedly, this witness has stated that<\/p>\n<p>along with him, his friend Sumit and Girish were there and<\/p>\n<p>Girish saw the incident. The learned tribunal found that from<br \/>\n<span class=\"hidden_text\">                                 15<\/span><\/p>\n<p>the side     of claimant, no eye witness was produced for<\/p>\n<p>corroboration. Therefore, the statement of AW\/1 Gaurav was<\/p>\n<p>not found reliable and      has given much emphasis on the<\/p>\n<p>statement of driver of the offending vehicle. NAW\/2 Rajendra<\/p>\n<p>Singh    who has denied the involvement of the concerned<\/p>\n<p>vehicle. The learned tribunal further drew inference from the<\/p>\n<p>factum that the police, after investigation, has filed final report<\/p>\n<p>Ex. A\/8 before the tribunal. Thus, on the basis of the reasons<\/p>\n<p>assigned while discussing      issue No.1    did not find proved<\/p>\n<p>issued No.1 in favour of the claimant.\n<\/p>\n<\/p>\n<p>        But to my mind, the learned tribunal has not properly<\/p>\n<p>appreciated the evidence and material placed on record by the<\/p>\n<p>claimant&#8217;s side. It is admitted fact that the claimant AW\/1<\/p>\n<p>Gaurav Kachhawaha        has sustained severe injuries and he<\/p>\n<p>became unconscious. The report was made by his father on<\/p>\n<p>mere information of the accident. Specifically it has been<\/p>\n<p>mentioned by his father in the report that the number of the<\/p>\n<p>vehicle will be suppled, after getting specific information from<\/p>\n<p>Girish . Before the learned tribunal the claimant himself has<\/p>\n<p>stated the number of the vehicle and has given the details as<br \/>\n<span class=\"hidden_text\">                                16<\/span><\/p>\n<p>to how the accident occurred and on that material, there was<\/p>\n<p>no cross by the opposite side. In that position, his statement<\/p>\n<p>cannot be discarded. Further, his contention is corroborated by<\/p>\n<p>the fact that soon after the incident, report was lodged to the<\/p>\n<p>police and the police ultimately, after thorough investigation,<\/p>\n<p>has challaned against the driver of the offending vehicle.<\/p>\n<p>Therefore, merely on the non-production of Girish or any other<\/p>\n<p>eye witness, the version stated by AW\/1 Gaurav Kachhawaya<\/p>\n<p>cannot be discarded. To find out the truth, tribunal was free to<\/p>\n<p>call the alleged eye witnesses at its accord. During the course<\/p>\n<p>of argument, a contention was also raised by the        learned<\/p>\n<p>counsel for the appellant that proper opportunity to produce<\/p>\n<p>evidence was not afforded by the tribunal and in this respect<\/p>\n<p>an application under order 41 rule 27 CPC has been moved to<\/p>\n<p>produce Girish in evidence.\n<\/p>\n<\/p>\n<p>     I have considered the contentions . In this case       the<\/p>\n<p>learned tribunal has not properly enquired into the matter and<\/p>\n<p>without considering the material available on record, concluded<\/p>\n<p>issue No.1 against the defendant. Thus, on the basis of<\/p>\n<p>aforesaid discussion, the finding      on issue No.1 is not<br \/>\n<span class=\"hidden_text\">                                17<\/span><\/p>\n<p>sustainable and is liable to be quashed.\n<\/p>\n<\/p>\n<p>     I have also considered the contentions raised by the<\/p>\n<p>learned counsel for the appellant with regard to quantum of<\/p>\n<p>compensation. Though the learned tribunal has granted           a<\/p>\n<p>compensation of Rs. 8,37,869\/- but in this respect also<\/p>\n<p>evidence has not been appreciated properly.      A huge amount<\/p>\n<p>has been spent under treatment and documents have been<\/p>\n<p>produced and exhibited but the learned tribunal has discarded<\/p>\n<p>some documents on baseless grounds.\n<\/p>\n<\/p>\n<p>     On the basis of aforesaid discussion, the finding on issue<\/p>\n<p>No.1 as well as on issue No.3, are not found sustainable, they<\/p>\n<p>deserved to be quashed. As the case is required to be afresh<\/p>\n<p>reconsidered and re-appreciated of material available on record<\/p>\n<p>and for that it is found just and proper to remit back the case to<\/p>\n<p>the concerned tribunal.\n<\/p>\n<\/p>\n<p>     On the basis of aforesaid discussion, the appeal is partly<\/p>\n<p>allowed and the impugned judgment and award is quashed and<\/p>\n<p>the matter is remanded back for afresh hearing. If any of the<br \/>\n<span class=\"hidden_text\">                                 18<\/span><\/p>\n<p>party move for additional evidence, the learned tribunal will<\/p>\n<p>sympathetically consider the application and will afford chance<\/p>\n<p>for producing       evidence, without delaying the matter, will<\/p>\n<p>conclude the hearing expeditely.\n<\/p>\n<\/p>\n<p>           For appearance of the parties, next date before the<\/p>\n<p>learned tribunal is fixed as 17.11.08 .Notice will be issued to<\/p>\n<p>driver and owner of the jeep alone. No order as to costs.<\/p>\n<p>                                       (MANAK MOHTA), J.\n<\/p>\n<p>l.george\n <\/p>\n","protected":false},"excerpt":{"rendered":"<p>Rajasthan High Court &#8211; Jodhpur Gaurav Kachhawaha vs Rajendra Singh &amp; Ors on 4 November, 2008 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR JUDGMENT Gaurav Kachhawaha vs. Rajendra Singh Rajawat &amp; Ors. S.B. CIVIL MISC. APPEAL NO. 2419\/2007 under section 173 of the Motor Vehicle Act, 1988 against the judgment and [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,19],"tags":[],"class_list":["post-90018","post","type-post","status-publish","format-standard","hentry","category-high-court","category-rajasthan-high-court-jodhpur"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Gaurav Kachhawaha vs Rajendra Singh &amp; Ors on 4 November, 2008 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/gaurav-kachhawaha-vs-rajendra-singh-ors-on-4-november-2008\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Gaurav Kachhawaha vs Rajendra Singh &amp; 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