RAVINDRA SINGH Vs. HARIOM

JUDGEMENT

(1.) Challenging the order dtd. 22/2/2022 passed by the learned Judge, Motor Accident Claims Tribunal, Pratapgarh (hereinafter referred as "the learned Tribunal") in MACT Case No.10/2021 whereby the learned Tribunal dismissed the claim petition filed by the claimant-appellant, the present appeal invoking the provisions of Sec. 173 of Motor Vehicles Act, 1988 has been preferred by the claimant-appellant.

(2.) The facts in nutshell as claimed in the claim petition are that on 26/12/2019, when the claimant-appellant alongwith one Nilesh Sharma was going to their home on a motorcycle, which was being driven by Nilesh Sharma and the claimant-appellant was a pillion rider and when they are reached at about 6 PM near the Dak Bunglow, the motorcycle bearing No. RJ 35 SJ 4360 (hereinafter referred as "the offending vehicle"), which was being driven rashly and negligently by driver of the offending vehicle Hariom, hit the motorcycle of Nilesh Sharma, resulting into simple and grievous injuries to the claimant-appellant. It was also claimed in the claim petition that an FIR No. 60/19 was registered at Police Station Pratapgarh, and after investigation, the Investigating Officer filed challan against Hariom alleging offences under Ss. 279, 337 and 338 of the IPC.

(3.) On the basis of the pleadings of the parties, the learned Tribunal framed following issues:-