1

IN THE HIGH COURT OF JUDICAATURE FOR RAJASTHAN AT

JODHPUR

JUDGMENT

Lalif Khan vs. Abdul Khan & ors.

S.B.Civil Misc. Appeal No.918/2012 u/s 173 of

the Motor Vehicles Act, 1988 against the judgment

and award dated 10.4.2012 passed by the Judge,

Motor Accident Claims Tribunal, Barmer in MACT

Case No. 229/2008.

Date of Judgment:

28.8.2012

PRESENT

HON'BLE MRS. NISHA GUPTA, J.

Mr. Anil Bhandari , for the appellant.

BY THE COURT:

This appeal has been preferred under Section 173 of the

Motor Vehicles Act against the judgment and award dated

10.4.2012 passed by the Judge, Motor Accident Claims

Tribunal, Barmer in MACT Case No. 229/2008 whereby the

claim petition filed by the claimant-appellant has been

rejected.

The short facts of the case are that on 12.10.2007 when

the claimant-appellant was sitting as passenger in Tampoo No.

RJ 04 PA 0168, which was rashly and negligently driven by

respondent no.1 and the said tampoo over-turned and as a

result of accident the appellant sustained injuries, therefore, a

claim petition was filed before the Motor Accident Claims

Tribunal. The learned Tribunal has reject