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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MANEESH SHARMA
Todaram S/o Shri Narayan Lal – Appellant
Versus
Sajjan Kanwar W/o Late Shri Bhanwar Singh – Respondent
| Table of Content |
|---|
| 1. establishment of the factual background of the case. (Para 1 , 2) |
| 2. presentation of the parties' arguments regarding vehicle ownership. (Para 3 , 4 , 8 , 9 , 10) |
| 3. court's analysis of liability based on vehicle registration. (Para 7 , 12 , 15 , 17) |
| 4. definition of 'owner' under the motor vehicles act. (Para 13 , 14 , 16) |
| 5. conclusion of the appeal and modification of liability. (Para 18 , 19 , 20) |
Order :
MANEESH SHARMA, J.
1. The present appeal has been filed by the appellant under Section 173 of the MOTOR VEHICLES ACT against the judgment dated 30.04.2007 passed by the learned Additional District & Sessions Judge (Fast Track) No.2 and Judge, Motor Accident Claim Tribunal, Sikar in Accident Claim No.86/2005 titled as "Smt. Sajjan Kanwar & Anr. Vs. Mahendra Singh and Ors.", whereby the claim petition has been allowed and compensation of Rs.1,35,000/- has been awarded against the appellant.
2. Brief facts giving rise to the present appeal are that the claimant-Smt. Sajjan Kanwar and Mahendra Singh filed a claim petition stating that on 21.10.2002, the deceased Bhanwar Singh was going on foot to his village Godiyawas while Jeep bearing No.RRT 6757 coming from Suliyawa
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