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2011 DIGILAW 330 (RAJ)

Shyam Sundar v. Dinesh Singh

2011-02-11

MAHESH CHANDRA SHARMA

body2011
Hon'ble SHARMA, J.—By filing instant misc. appeal the appellant claimant has filed the instant misc. appeal against the judgment/award dated 27.6.2006 passed by learned Motor Accident Claims Tribunal (Fast Track) Kotputali, District Jaipur (for short 'the learned Tribunal') in Claim Case No. 539/2005 (534/2004) whereby the claim petition filed by the appellant claimant has been dismissed. 2. Brief facts of the case are that the claimant filed a claim petition against the respondents mentioning therein that when he was going towards Narheda Bus Stand, suddenly a motor cycle No. RJ-32-M-4810 came from the opposite side and hit him resulting injuries to the appellant. The said motor-cycle was driven by its driver respondent No.1 rashly and negligently. The FIR was lodged after 290 days. 3. Thereafter, reply was filed, issues were framed. The learned Tribunal after hearing both the parties passed the impugned award/judgment. Against the aforesaid judgment/award the appellant claimant has filed the instant misc. appeal. 4. Learned counsel for the claimant appellant submits that the learned Tribunal has passed the impugned judgment without assessing the evidence available on record. He submits that FIR was lodged after 20 days because of the reason that the doctor suggested him to take bed rest. Hence, the impugned judgment passed by the learned Tribunal be quashed and set aside. 5. On the other hand, learned counsel appearing for the Insurance Company has drawn attention of the Court to the statements of the witnesses. He submits that the claimant appellant lodged the FIR after a long lapse of 20 days for which no satisfactory explanation has been given by the claimant appellant. He submits that a heavy cost be imposed upon the claimant appellant for filing false misc. appeal. 6. From a bare perusal of the facts of the case and material made available to me, in my considered view the learned Tribunal has passed the impugned judgment after properly assessing the evidence submitted by both the parties and it need no interference of this Court. 7. In the result, this misc. appeal is devoid of merits and stands dismissed after confirming the judgment/award dated 27.6.2006 passed by learned Motor Accident Claims Tribunal (Fast Track) Kotputali, District Jaipur in Claim Case No. 539/2005 (534/2004).