2014 Supreme(Raj) 899
R.S.CHAUHAN
Shabbeer Khan – Appellant
Versus
Gaurav Sharma – Respondent
Advocates:
For the Appellant:Mr. Sandeep Mathur, Advocate.
JUDGMENT
1. - The appellant, Shabbeer Khan, is aggrieved by the award dated 30.10.2012 passed by the learned Motor Accident Claims Tribunal, Chomu, District Jaipur, whereby the learned Tribunal has dismissed the claim petition filed by the appellant.
2. The brief facts of the case are on 13.7.2010, Shabbeer Khan was going to court at Bani Park through Indira Bazar, as a pedestrian, on the correct side of the road. When he reached near Pashu Chikitsalaya, at about 11:30 AM, a car bearing Registration No. RJ-14-CC-7869, being driven rashly and negligently, came from opposite direction i.e. from Gopinath Marg and hit him. Consequently, the appellant sustained grievous injuries. Thereafter, the appellant was taken to hospital by the same car. Due to the injuries sustained by him, the appellant filed a claim petition before the Tribunal. After going through the oral and documentary evidence, the learned Tribunal dismissed the claim petition filed by the appellant. Hence, this appeal.
3. The learned counsel for the appellant has vehemently raised the following contentions before this Court: firstly, the learned Tribunal was not justified in rejecting the claim petition on the ground that t
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