MADAN Vs. BABULAL

JUDGEMENT

(1.) THIS appeal has been preferred on behalf of injured-appellant against the judgment and award passed by the learned Motor Accident claims Tribunal-cum-Raj. Cooperative tribunal, Jaipur dated 14. 12. 99 whereby the claim petition of the appellant was dismissed on the ground that the accident took place on account of lapse at the part of injured and not on account of rash and negligent driving of offending vehicle-jeep.

(2.) ACCORDING to the facts of the case, accident took place on 4. 6. 94 at about 8. 45 in the morning when the injured-appellant was crossing the road when he was dashed by jeep near Tent House at Vishwa Karma, Jaipur resulting into injury to the injured. The injured sustained fractures in febula and tibia bones of right leg and thereby sustained 18% disability.

(3.) LEARNED counsel for the appellant submits that the Tribunal has failed to appreciate the evidence on issue no. 1 pertaining to rash and negligent driving at the part of offending vehicle in right perspective. It is also submitted that injured was crossing the road when he was dashed by the vehicle on account of rash and negligent driving but the Tribunal has wrongly construed the deposition and has concluded that accident took place on account of suddenly crossing the road. It is also submitted that the offending vehicle has been challaned by the police after due investigation and that the injured who was cautiously crossing the road cannot be held responsible for the accident and it was the duty of the offending vehicle to ensure that he may not dash against the pedestrian who was crossing the road. It is further submitted that the Tribunal has not decided other issues pertaining to quantum of compensation, therefore, case deserves to be remanded to the Tribunal with an opportunity to adduce evidence as well as for fresh hearing.