RAVI Vs. BADRINARAYAN

JUDGEMENT

(1.) Leave granted.

(2.) Cruel hands of destiny played havoc with the life of Ravi, then aged 8 years, on account of motor road accident, on 7.10.2001 at about 8.30 AM, when rear side of truck bearing Registration No. RJP - 1008, driven by Respondent No. 1 -Badrinarayan, owned by Respondent No. 2 - Prahlad Singh and insured with Respondent No. 3 - M/s. National Insurance Company Limited, hit the victim, causing multiple injuries to him. To add to his miseries, his claim petition filed under Section 140 and 166 of the Motor Vehicles Act, 1988 (hereinafter shall be referred to as M.V. Act) before Motor Accident Claims Tribunal, Jaipur (for short, MACT), registered as Claim Petition No. 865 of 2004, came to be dismissed on 19.9.2007 by learned Presiding Judge of the said Tribunal, mainly on the ground that formal FIR of the incident was lodged belatedly and Appellant failed to establish that on the fateful day, the said truck was involved in a motor road accident causing injuries to him.

(3.) An appeal filed before the learned Single Judge of the High Court of Judicature for Rajasthan, Jaipur under Section 173 of the M.V. Act also came to be dismissed on 29.10.2007. Thus, all hopes of, at least, getting some amount of compensation to mitigate the miseries of the victim so as to lead a respectful and decent life had come to a grinding halt. It is under these circumstances, he has preferred the present appeal.