JUDGMENT

1. This misc. appeal under Section 173 of the MV Act, has been directed against the impugned judgment and award dated 08.07.2004 passed by the Court of Motor Accident Claims Tribunal (Addl. District and Sessions Judge) (Fast Track), Beawar (Raj.) (hereinafter referred to as 'the Tribunal') in Claim case No.384/2004, by which the claim petition filed by the claimant- appellant has been rejected on the ground that the injured was working under the employment of respondent No.2 i.e. registered owner of jeep No. RJ-01-P-2196, hence, he is not entitled to get compensation under the provisions of Motor Vehicles Act, but liberty was given to the claimant-appellant to file application under the provisions of Workmen's Compensation Act, 1923.

2. Facts, in brief, of the case are that the injured was Khalasi/cleaner on vehicle No. RJ-01-P-2196. On 15.03.1999, he sustained injuries while repairing the radiator, when driver started the vehicle suddenly, in a rash and negligent manner and due to which jeep started and claimant-appellant sustained injuries in his leg. For the above act, FIR No.116/99 was registered with Police Station Beawar City for the offences punishable under Section 2