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2012 Supreme(Raj) 352

MAHESH BHAGWATI
Mukesh Kumar – Appellant
Versus
Shaintan Singh – Respondent


Advocates Appeared
Shyam Sharma, for Appellant

BHAGWATI, J.—The appellant is found to have preferred the instant appeal against the judgment dated 12th August, 2011 whereby the Motor Accident Claims Tribunal, Chomu, District Jaipur, dismissed the claim petition of the appellant-claimant filed under Section 166 read with section 140 of the Motor Vehicles Act.

2. The facts of the case are that on 12th September, 2008, at about 6 pm, the appellant was standing and talking to one Kanhaiya lal at a place 1 k.m. Away from the village Jalsu. It is alleged that one Pick-Up bearing Registration No. RJ-14-GB-8058, being driven by its driver rashly and negligently, suddenly emerged from Dadabadi and hit both the appellant-claimant and Kanhaiya lal, as a result of which, the appellant sustained grievous injuries on his head and nose. The Tribunal did not rely upon the story of accident as narrated by the claimant and observed that the contradictions seeming in the statements of witnesses with regard to accident were galore which evinced the story of accident improbable. The manner, in which the story of accident has been projected, it casts doubt about its credibility.

3. Having argued for some time, the learned counsel for the appellant sub






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