LAWS(RAJ)-2012-3-153

KAILASH CHAND Vs. RAM PRASAD & OTHERS

Decided On March 13, 2012
KAILASH CHAND Appellant
V/S
Ram Prasad And Others Respondents

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated 30th June, 2005, whereby the Motor Accident Claims Tribunal, Dausa dismissed the claim petition no. 798/2004 filed by appellant Kailash Chand against the respondents

(2.) Adumbrated in brief, the facts of the case are that on 22nd May, 2001 appellant injured Kailash was going from Nangal Rajawatan to village Manpuriya by Jeep bearing registration no. RJ 29 P 0411. The appellant himself was driving the jeep. It is alleged that the appellant drove the jeep rashly and negligently and despite there being many warnings from the passenger, he continued to drive the jeep at a fast speed and finally collided with a camel cart, which resulted into the injuries having sustained by the passengers sitting inside the Jeep.

(3.) Having heard the learned counsel for the parties and carefully perused the judgment, it is revealed that earlier the Jeep No. RJ 29 P 0411 entailed in the accident was registered in the name of Bhagwan Sahai and before this accident took place, the same was sold to the injured appellant Kailash Chand. The Tribunal having considered this fact observed that since the injured Kailash was himself the owner of the vehicle bearing registration No. RJ 29 P 0411, hence he was not entitled to claim any compensation.