LALIF KHAN Vs. ABDUL KHAN AND ORS

JUDGEMENT

(1.) 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.

(2.) 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 rejected the claim petition on the ground that at the time of accident Barkat Khan was driving the said vehicle. The contention of the present appellant is that it is true that FIR was lodged after two and half months but only on this ground, the fact of accident could not be termed doubtful as the appellant was in hospital and he was not in a position to lodged the FIR. In the complaint which was filed on behalf of the present appellant by the advocate, due to mistake the name of driver has been mentioned wrongly. The learned court below has not considered the fact that after investigation the police filed the Final Report but the concerned Magistrate has taken cognizance against Abdul Khan @ Abdul Haq and the order has been confirmed by the revisional court and it was amply proved before the learned Tribunal that Abdul Khan was the driver of the vehicle at the time of accident.

(3.) Heard learned counsel for the appellant at the admission stage itself and perused the impugned order and the relevant record.