LAXMI NARAYAN KULWAL Vs. LALIT KULWAL & ANR

JUDGEMENT

(1.) THE instant civil misc. appeal has been filed by the appellant -claimant under Section 173 of the Motor Vehicles Act for quashing and setting aside the impugned award dated 27.11.1999 passed by the MACT, Jaipur City, Jaipur in claim case No.460/1998, whereby the Tribunal dismissed the claim petition of the claimant -appellant.

(2.) THE brief facts as emerging on the face of record are that a claim petition came to be filed before the Tribunal under Section 166/140 of the M.V. Act alleging therein that on 4.7.1998 in the night at about 9:00 p.m. when the claimant was coming to home from the shop on a scooter bearing No. RJ 14 -5M -8655 as a pillion rider, the scooter was being driven by the brother of non -petitioner No.1 and as soon as they reached Maida Factory situated on Jhotwara Road then all of a sudden a Jeep came from opposite side due to which the scooter driver lost the control of the scooter and the claimant fell down under the wheel of the jeep as a result of which the claimant sustained grievous injury on his left leg. It was also alleged in the claim petition that the police did not lodge report on his information. It was further alleged that on account of composite negligence on the part of scooter driver and driver of the jeep the accident took place and therefore, the owner of the scooter and Insurance Company insurer of the scooter are liable to pay compensation to the tune of Rs.15,10,000/ - to the claimant.

(3.) EX parte proceedings were drawn against the non -petitioner No. 1 on 10.11.1998 by the Tribunal as despite service of notice he did not appear before the Tribunal. The non -petitioner No.2 Insurance Company filed their reply denying all the allegations/averments made in the claim petition. It was contended by the Insurance Company in their reply that the accident took place due to rash and negligent driving by the driver of the unknown jeep and claimant sustained injury on his left leg. It was alleged that the claimant filed the claim petition in collusion with his son with a view to get compensation and therefore claim petition be rejected.