Appeal against Tribunal award granting compensation to a claimant injured in a motor vehicle accident. The High Court upheld the finding of rash and negligent driving by the appellant, dismissing the appeal.
The appeal was dismissed, affirming the Tribunal's award of compensation to the claimant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 177/2017
Chandra Prakash Sharma S/o Shri Vishvanath Sharma , R/o D- 106, Jagdamba Nagar, Behind Heerapura Power House, Ajmer Road, Police Station Karni Vihar, Jaipur And At Present Conductor Rajasthan State Road Transport Corporation, Jaipur Rajasthan Driver Of Ambasaador Car
----Appellant-Non-Claimant
Versus
----Claimant- Respondent
----Performa Respondents
For Appellant(s) : Mr. Babu Lal Gupta
HON'BLE MRS. JUSTICE SABINA
Judgment
09/07/2018
Appellant has filed this appeal, challenging the award dated 19.11.2016 passed by the Tribunal, whereby, claim petition filed by respondent No. 1, was allowed.
Learned counsel for the appellant has submitted that the Tribunal has erred in holding that the accident had occurred due to rash and negligent driving of the appellant.
(2 of 2)
[CMA-177/2017]
Respondent No.1-claimant had filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation on account of injuries suffered by him in the motor vehicle accident, which had occurred on 11.06.2012.
It was the case of the claimant that he had parked his vehicle on the Kachha portion of the road near the house of OSDcum-Registrar. In the meantime, Ambassador Car bearing registration No. RJ-14-CB-0011 driven by the appellant came and struck against the vehicle of the claimant. As a result, claimant had suffered injuries.
It was the case of the claimant that the vehicle driven by him had been parked on the Kachha portion of the road and not on the road itself, whereas, the appellant while driving his vehicle in a rash and negligent manner had struck against his (claimant) vehicle. Admittedly, challan has been present against the appellant with regard to the accident in question. A perusal of the site plan prepared by the Investigating Agency, shown during the course of arguments, supports the case of the claimant.
In the facts and circumstances, of the present case, learned Tribunal had rightly held that the accident in question had occurred due to rash and negligent driving of the appellant.
No ground for interference is made out.
Dismissed.
Sudha/38
1 issue framed by the court
Whether the High Court should interfere with the Tribunal's finding that the accident was caused by rash and negligent driving of the appellant.
1 provisions across 1 enactments
Chandra Prakash Sharma
Jagmohan Singh
Additional Commissioner Traffic
State Of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
