JUDGMENT 1. - This Misc. appeal has been filed by the appellant against the Judgment dated 5-6-2004 passed by learned Judge, Motor Accident Claims Tribunal, Jaipur (for short 'the learned Tribunal') in claim case No. 189/2004. 2. Brief facts of the case are that the claimant respondent No. 1 was going from Jodhpur to Jaipur by a car No. HR-21-C-0070 when a Maruti car No. RJ-14C-9651 dashed the claimant respondent car from the back resulting into the accident causing damages to the car and the claimant respondent was seriously injured. 3. FIR was lodged regarding this incident. Thereafter, claimant respondent filed claim petition before the learned Tribunal. Notices were issued. Written statement was filed. Evidence was submitted by both the parties. The issues were framed. Thereafter, the learned tribunal after hearing both the parties passed the impugned award. Hence, this Misc. appeal before this Court. 4. Learned counsel for the appellant submits that the learned Tribunal while passing the impugned judgment/award has not considered the facts and circumstances of the case and evidence available on record in right perspective. Findings of the learned Tribunal regarding issue No. 1 holding the driver of the Maruti Car responsible is not just and proper and the evidence available on record shows that it was an inevitable accident and no negligence can be attributed on the part of the driver. The learned tribunal while deciding issue No. 3 has not dealt with the objections raised by the appellant in a legal and fair manner. The learned tribunal has not considered that the quantum of damages fixed should be in accordance with the injury. Damages should be just and reasonable and should not be expected to be windfall for the victim. Thus, the impugned award passed by the learned tribunal be quashed and set aside. 5. On the other hand, learned counsel for the respondent claimant No. 1 has seriously opposed the aforementioned submissions advanced by the learned counsel for the appellant and submits that the learned tribunal has rightly passed the impugned judgment/ award. Thus, no interference is required to be made in the impugned judgment/award. 6. I have heard learned counsel for the appellant, learned counsel for the respondent and carefully scanned the entire material made available to me including the award passed by the MACT. 7. Thus, no interference is required to be made in the impugned judgment/award. 6. I have heard learned counsel for the appellant, learned counsel for the respondent and carefully scanned the entire material made available to me including the award passed by the MACT. 7. From a bare perusal of the facts of the case, evidence available on record, as also after carefully scanning the entire material made available to me, in my considered view, the learned Tribunal has rightly passed the impugned judgment/award. Thus, the impugned award passed by the learned Tribunal needs no interference of this Court. 8. In the result, this Misc. appeal is devoid of merits and stands dismissed after, confirming the award dated 5-6-2004 passed by learned Judge, Motor Accident Claims Tribunal, Jaipur in claim case No. 189/2004.Appeal dismissed. *******