DHARMA BANJARA Vs. BALLU BANJARA

JUDGEMENT

(1.) The present appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant-claimant (for short 'the claimant') against the judgment dtd. 5/3/2018 passed by the Motor Accident Claims Tribunal, Dausa (for short 'the Tribunal') in Claim Case No. B.T. 576/2015(317/2014), whereby the Tribunal has dismissed the claim petition filed by the claimant in toto.

(2.) Learned counsel for the claimant submits that the Tribunal has wrongly dismissed the claim petition filed by the claimant. Learned counsel for the claimant further submits that the impugned judgment dtd. 5/3/2018 is absolutely contrary to law, evidence on record, facts and circumstances of the case. Learned counsel for the claimant also submits that the Tribunal has erred in not considering the evidence adduced by the claimant. Learned counsel for the claimant further submits that the claimant wanted to lodge an FIR but the FIR was not lodged by the police, so, he filed a complaint before the concerned Magistrate and the concerned Magistrate sent the complaint for registration of FIR. The claimant had bona-fide ground in lodging the FIR belatedly. Learned counsel for the claimant also submits that the claimant adduced the evidence to the effect that the nonclaimant No.1-Ballu Banjara was driving the tractor and when the claimant alighted the tractor and was trying to remove the stones, Ballu Banjara ran the tractor over his right leg. So, the claimant had received multiple injuries. Learned counsel for the claimant further submits that as per the insurance cover note, said tractor was commercially registered. So, it cannot be said that the alleged tractor was only for the agricultural purposes. Learned counsel for the claimant also submits that the evidence adduced by the nonclaimants also supports the case of the claimant. So, judgment & award passed by the Tribunal may be set-aside.

(3.) Learned counsel for the claimant has placed reliance upon the following judgments. (1) V. Renganathan & Anr. Vs. Branch Manager, United Insurance Company Limited and Others reported in 2023 ACJ 623; (2) Oriental Insurance Company Limited Vs. Hanuman Singh in S. B. Civil Miscellaneous Appeal No.5500/2009 decided on 25/11/2019; (3) Ravi Vs. Badrinarayan and Ors. reported in 2011 R.A.R. 81 (SC) (4) New India Insurance Company Vs. Darshana Devi & Ors. reported in MACD 2008 (SC) 74; (5) Gopali Kushwaha Vs. Bhanwar Singh & Anr. reported in 2017 (1) DNJ(Raj.) 88.