RIYAZUDDIN Vs. JASWANT SINGH AND OTHERS

JUDGEMENT

(1.) This misc. appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter 'the 1988 Act') has been filed by the appellant- claimant (hereinafter 'the claimant') against the judgment dated 23-3-2005 passed by the learned Additional District Judge (Fast Track) No.8 Jaipur City Jaipur in MACT Case No.143/2005 (hereinafter 'the Tribunal'), whereby the claim petition filed by the claimant has been dismissed.

(2.) The facts of the case are that on 10-8-2003 around 4.30 PM when the claimant along with friend Hussain Baksh was riding motor cycle RJ- 14/33M-7000 to Nahargarh at Charan Mandir it collided with motor cycle No.RJ-14/14M-3986, which respondent Jaswant Singh was riding. Due to the accident the claimant suffered fracture of toe of right leg causing 3% permanent disability as per the doctor's certificate. FIR No.274/2003 of the accident of 10-8-2003 at the instance of the claimant was registered on 14-8-2003. The police also registered FIR No.275/2003 of the same accident at the instance of respondent Jaswant Singh.

(3.) In the above facts, a claim petition was filed by the claimant claiming compensation. On service of notice on the claim petition, it was opposed by the respondent No.3 the insurance company on various grounds. The driver of the vehicle in question insured with it Jaswant did not have a valid licence and that the accident was caused due to rash and negligent driving of the claimant himself. Respondents No.1&2 filed separate reply to claim petition and submitted that in the FIR No.275/2003, lodged at the instance of respondents, challan had been filed against the claimant as he was found negligent in riding his motor cycle. It was submitted that owing to claimant's own negligence, he was himself a tort fearer and thus not entitled to any compensation as claims under the Act of 1988 were claims in tort.