BHANWAR LAL Vs. ARJUN RAM AND ORS

JUDGEMENT

(1.) The present appeal has been filed by the appellant being aggrieved with the judgment dated 21.7.2015 passed by the Motor Accident Claims Tribunal First, Jodhpur (hereinafter referred to as "the tribunal" ) in Motor Accident Claim No.434/2011 (1585/2014) whereby the learned tribunal has rejected the claim of the appellant for compensation in lieu of injuries received by him in an accident that took place on 19.10.2009 in the area falling in the jurisdiction of Police Station Pipar City, District Jodhpur.

(2.) The appellant in his claim petition has alleged that he sustained injuries on account of rash and negligent driving by the driver of the vehicle No.RJ 19 GA 9195. The learned tribunal has given a finding while deciding issue No.1 that the appellant has failed to prove that on 19.10.2009 at about 8:30 p.m. the appellant was hit by vehicle No.RJ-19-GA-9195 driven by respondent No.1 in rash and negligent manner.

(3.) Assailing the impugned judgment, the learned counsel for the appellant has argued that the appellant has produced the documentary as well as oral evidence to prove that he was hit by vehicle No.RJ-19-GA-9195 on 19.10.2009 in front of Mahalakshmi Stone Factory, Pipar City. Learned counsel for the appellant has submitted that the FIR in relation to the incident was produced and the charge-sheet submitted by the police against the driver of the vehicle has also been produced, but the learned trial court, without placing reliance on the said documentary evidence, has illegally decided issue No.1 against the appellant and has illegally dismissed the claim petition filed by him.