YOGESH Vs. HARI PRASAD AND ORS

JUDGEMENT

(1.) By filing instant misc. appeal the appellant claimant has filed the instant misc. appeal against the judgment/award dated 17-8-2006 passed by learned Motor Accident Claims Tribunal (Fast Track) Kotputali, District Jaipur (for short the learned Tribunal ) in claim case No. 20/2006 whereby the claim petition filed by the appellant claimant has been dismissed.

(2.) Brief facts of the case are that the claimant filed a claim petition of the incident alleged to have taken place on 9-8-2001 when he was travelling on the scooter No. RJ-32-M-0629. As and when they reached near Suman Chat Center, suddenly, the driver of the said scooter, driving rashly and negligently, turned it down. As a result thereof the appellant sustained various injuries. The said accident occurred due to the sole negligence of the respondent No. 1 who was the driver and at the relevant time the respondents No. 2 and 3 were the owner and insurer of the offending scooter. After a delay of four days, FIR No. 591/2001 was lodged for the offence under Sections 279, 337 and 338, IPC.

(3.) Thereafter, reply was filed, issues were framed. The learned tribunal after hearing both the parties passed the impugned award/judgment. Against the aforesaid judgment/award the appellant claimant has filed the instant misc. appeal.