TEJPAL SINGH Vs. RAJESH RAI AND ORS

JUDGEMENT

(1.) The present appeal has been filed by the claimant under Section 173 of the Motor Vehicles Act 1988,(for short the Act) against the judgment and order dated 30.4.2011, passed by the Motor Accident Claims Tribunal, Ajmer, in Claim Petition No. 129/2010, whereby the Tribunal has dismissed the claim petition of the appellant-claimant.

(2.) The short facts giving rise to the present appeal are that the appellant claimant filed a claim petition stating interalia that on 19.11.2009, he was going to Ajmer, by MOPED and he was hit by one Pulsar Motor Cycle bearing No. RJ01 SJ5152, as a result of the said accident, he sustained injuries. The F.I.R. in respect of the said accident was also lodged and the charge sheet was also filed by the Investigating Officer. He, therefore, made claim to the tune of Rs.22,72,000/- for the injuries sustained by him. The Tribunal dismissed the said claim petition on the ground that the vehicle in question being Motor Cycle bearing No. RJ01 SJ5152 was not involved in the accident as alleged, relying upon the F.I.R. lodged by the appellant, in which the number of Motor Cycle was mentioned as RJ01 SF-3666. Being aggrieved by the said order passed by the Tribunal, the present appeal has been filed.

(3.) It has been submitted by learned counsel Mr. Bharat Saini for the appellant that there was no collusion between the appellant and the respondent No. 1 and 2, who were the owner and driver of the motor cycle bearing No. RJ01 SJ5152 as alleged by the respondent Insurance company, and the Tribunal has wrongly dismissed the claim petition of the appellant on the ground of collusion. According to the learned counsel, the number of the motor cycle was wrongly mentioned in the F.I.R. as RJ01 SF-3666 and, therefore, the compensation should have been awarded to the appellant from the owner and insurance company of the motor cycle bearing No. RJ01 SJ5152.