MANARAM GANPATRAM AND COMPANY Vs. STATE

JUDGEMENT

(1.) The present appeal has been filed by the appellant under Sec. 173 of the Motor Vehicles Act against the judgment dtd. 30/4/2007 passed by the learned Additional District & Sessions Judge (Fast Track) No.2 and Judge, Motor Accident Claim Tribunal, Sikar in Accident Claim No.86/2005 titled as "Smt. Sajjan Kanwar & Anr. Vs. Mahendra Singh and Ors.", whereby the claim petition has been allowed and compensation of Rs.1,35,000.00 has been awarded against the appellant.

(2.) Brief facts giving rise to the present appeal are that the claimant-Smt. Sajjan Kanwar and Mahendra Singh filed a claim petition stating that on 21/10/2002, the deceased Bhanwar Singh was going on foot to his village Godiyawas while Jeep bearing No.RRT 6757 coming from Suliyawas, hit him from behind. As a result of the said accident, Bhanwar Singh got seriously injured and during his treatment, he died. It was pleaded that the accident occurred due to the rash and negligent driving of the Jeep for which the claimants sought compensation.

(3.) Non-claimants No.1 and 2 (Mahendra and Todaram) filed their response and contended that they are not registered owner of the Jeep in question and the Jeep was owned by respondent/non-claimant-Jaidev. Therefore, they prayed for dismissal of the claim petition.