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2014 Supreme(Raj) 719

R.S.CHAUHAN
Jansi Ram – Appellant
Versus
Vinod Kumar – Respondent


Advocates:
For the Appellant:Pankaj Gupta, Advocate.
For the Respondents:Deepak Goyal, Advocate.

JUDGMENT

1. - The appellant Jansi Ram has challenged the judgment dated 10.4.2007 passed by Motor Accident Claims Tribunal (Special Judge, SC/ST Cases Court) Dausa, whereby the learned counsel has dismissed his claim petition.

2. The brief facts of the case are that on 15.5.2004 around 7:00 PM while the claimant-appellant was going to his home on foot, he was hit by a rashly and negligently driven motorcycle bearing registration No.RJ29-1M-619 in front of Govt. Hospital, Lalsot Road, Dausa. Consequently he received grievous injuries causing his permanent disability. The claimant filed a claim petition before the learned Tribunal. However, the learned Tribunal dismissed the claim petition by impugned award dated 10.4.2007. Hence this appeal.

3. The learned counsel for the appellant has vehemently contended that in the notice given to the owner, under Section 133 of the Motor Vehicles Act, he had clearly admitted that the offending vehicle was being driven by Vinod Kumar and had met with an accident. According to the learned counsel, once such an admission is made, there is no reasonable ground for the Tribunal to dismiss the claim petition.

4. On the other hand Mr. Goyal, the learned c









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