PRITHVI SINGH Vs. YASHPAL & OTHERS

JUDGEMENT

(1.) The instant appeal is directed against the award dated 26.11.2011 passed by Motor Accident Claims Tribunal, District Ajmer, in M.A.C.T. No.543/2010.

(2.) Brief facts noticed are that on 31.5.2010 it is alleged that at 3:00 P.M. near Police Station Mangaliyawas, Ajmer, on Jethana Road near railway crossing, the appellant got injured on account of rash and negligent driving by respondent No.1 Yashpal who was driving a tempo bearing no.RJ01 TA 1233, when the appellant was travelling on a motorcycle bearing no.RJ01 SK 1680 which was being driven by Uday Singh. An FIR was lodged and thereafter claim petition was submitted before the Tribunal, which was dismissed vide impugned award dated 26.11.2011.

(3.) Counsel for the appellant vehemently contended that the claim has been dismissed without any proper reason when ample evidence has been led by the appellant during the course of investigation and the evidence proved that the accident took place on account of rash and negligent driving of the tempo by the respondent Yashpal, on account of which the appellant suffered injuries and remained hospitalised for number of days, and had to bear the medical expenses on account of the fracture caused in his leg due to the accident as also other injuries in his body and even the disability certificate prove that the appellant was not in a position to lead a proper life. He further contended that even Yashpal, respondent No.1, admitted that the accident took place, however, he denied that the accident had taken place on account of his negligence but according to respondent No.1, it was on account of the negligence of the appellant, and once the accident has been admitted even by the respondent, then the vehicle being insured, the Insurance Company is liable for allowing the claim and has contended that the claim has wrongly been dismissed by the Tribunal.