MAHENDRA KUMAR Vs. AMAR SINGH

JUDGEMENT

(1.) THE present appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988 challenging the award passed by the Claims tribunal whereby the claim application of the appellant has been rejected.

(2.) THE facts leading to the present appeal are that the appellant was travelling in a jeep No. MP-15-A/0215 on 5. 1. 1998. The said jeep was driven by the respondent No. 2. It is stated in the claim application that jeep was stopped near kudari School and the present appellant while alighting from the jeep met with an accident by a tractor which was coming at a high speed, as a consequence of which the appellant sustained injuries on his right leg which resulted into fracture at two places. The appellant also sustained injuries on other parts of his body.

(3.) THE Claims tribunal arrived at a finding that it is case where the. accident occurred with the tractor No. 2124 which was driven rashly and negligently, therefore, the owner as well as the driver of the jeep are not responsible for the accident, hence, no liability of the jeep owner and its insurer can be fixed, therefore, the claim stands dismissed. It came to the conclusion that the jeep was standing and the tractor has dashed the jeep , therefore, in the facts and circumstances of the case it was the driver of the tractor who was negligent, therefore, no claim was maintainable against the owner, driver and insurer of the jeep and accordingly they were exonerated.