[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B. CIVIL MISC. APPEAL NO. 257/2000 NARESH SHARMA & ANR. Vs. MAHIP SINGH & ANR. Date: 27.03.2008. HON'BLE MR. JUSTICE K.S. RATHORE None present for the non-claimants/appellants. **** The non-claimants/appellants have preferred the present civil misc. appeal under Section 173 of the Motor Vehicle Act, 1988 against the impugned judgment/Award dated 18.06.99 passed by the Motor Accident Claims Tribunal, Kota (for short 'the Tribunal') in Claim Case No. 1099/1998 (390/92), by which the claim petition filed by the claimant/respondent has been allowed and compensation to the tune of Rs. 14,500/- has been granted in favour of claimant/respondent. The non-claimants/appellants aggrieved and dissatisfied with the impugned Award have filed the present appeal on the ground that the Tribunal has seriously erred in not determining as to whether the jeep driver was negligent or the Luna driver and there was contributory negligence on the part of the claimant, which has been totally overlooked by the Tribunal while allowing the claim petition filed by the claimant/ respondent. [2] The case of the appellants is that on 03.04.1991 an accident took place and as per the claimant, Mahip Singh went to school on a Luna with Satish and Saurav Sharma. After attending the classes, Mahip Singh took the Lune bearing No. RJ- 20/M-3610 from Satish and thereafter Mahender and Mohammad Shakil along with Mahip Singh came to Shastri Nagar Tiraha and when they were returning back to their school, the Luna was hit was the jeep bearing No. RPM-6930 driven rashly and negligently by its driver and in this accident, all the three persons who were on Luna, sustained injuries. I have considered the averments made in the appeal and carefully gone through the impugned Award dated 18.06.99 passed by the Tribunal. The Tribunal vide its impugned Award dated 18.06.99, considering the injuries sustained by claimant Mahip Singh and loss of income and the expenses incurred by the claimant on his treatment and looking to the other facts and circumstances of the case, rightly awarded the compensation to the tune of Rs. 14,500/- in favour of the claimant/respondent which is just and reasonable and cannot said to be excessive and the non- claimants/appellants have rightly been held responsible jointly and severally to pay the compensation amount. The impugned Award dated 18.06.99 passed by the Motor Accident Claims [3] Tribunal, Kota requires no interference whatsoever by this Court as no illegality or error is observed by this Court in the impugned Award. Consequently, the civil misc. appeal fails being devoid of merit and the same is hereby dismissed. The stay application also stands dismissed. (K.S. RATHORE), J. /KKC/