BHANWAR SINGH Vs. RAMESH KUMAR SABU

JUDGEMENT

(1.) Appellant-claimant - Bhanwar Singh has preferred this appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short, 'the Act ') against the impugned judgment dtd. 28/2/2013 passed by Motor Accident Claims Tribunal, Bhilwara (for short 'the Tribunal ') in claim case No.590/2013 (470/2005) whereby the Tribunal rejected the claim petition filed by the claimant.

(2.) Brief facts of the case in nut shell are that the appellant claimant was driving a Maruti Car bearing registration No.RJ14 01C-9856. At about 12:30 am, when he reached near M.T.M. Mill, an unidentified truck collided with the car, as a result of which the appellant -claimant sustained various injuries of simple as well as grievous in nature. Thus, a claim petition was filed by the appellant-claimant. After service of notice, respondent No.2 Insurance company filed its reply and denied the averments made in the petition. On the basis of the pleadings of the parties, the Tribunal framed following three issues on 12/10/2009: <IMG>JUDGEMENT_6_LAWS(RAJ)12_2025_1.jpg</IMG>

(3.) Learned counsel for the appellant submitted that the impugned judgment dtd. 28/2/2013 passed by the Tribunal is ex-facie illegal, arbitrary, perverse, and wholly contrary to the settled principles of law governing adjudication under Sec. 163-A of the Act. Learned counsel submitted that the Tribunal, despite rightly recorded the findings on the occurrence of the accident and the resultant 12% permanent disability as well as on the fact that the offending vehicle was duly insured with Respondent No.2, committed grave illegality while passing the order impugned.