BASTIMAL JAI Vs. OM PRAKASH & ORS

JUDGEMENT

(1.) The owner of the offending vehicle, Bastimal Jain, is aggrieved by the award dated 11.11.2007, passed by the Motor Accident Clams Tribunal, Jaisalmer, whereby the learned Tribunal has awarded a compensation to the tune of Rs.21,400/- to the claimant-respondent.

(2.) The brief facts of the case are that on 25.08.2005, at about 4:30 PM, while the claimant, Om Prakash, was going on road, a car of Bastimal Jain, bearing Registration No.RJ 19 TA 0045 came from the side of Pokhran, at a fast speed; it hit Om Prakash. A FIR was lodged with regard to the said accident. Having suffered injuries, Om Prakash filed a claim petition before the learned Tribunal. A reply was filed. The learned tribunal framed four issues including relief. Om Prakash examined one witness. The Insurance Company also examined one witness. The learned Tribunal has award the compensation as aforementioned. Being aggrieved with the award, the owner of the offending vehicle has approached this Court by way of the present appeal.

(3.) Both the counsel are ad idem that arising out of the same exact impugned award, the Insurance Company had challenged the same award by filing S.B. Civil Misc. Appeal No.310/2010 before this Court. Vide judgment dated 14 th December, 2010 this court had dismissed the appeal filed by the Insurance Company. The counsel are also ad idem that the contention raised by the Insurance Company are the same contentions which the owner has tried to raise in the present appeal. Therefore, the present appeal is clearly covered by the Judgment dated 14 th December, 2010. Hence, there is no reason to take a contrary view.