- (1.) THE appellant Jansi Ram has challenged the judgment dated 10.4.2007 passed by Motor Accident Claims Tribunal (Special Judge, SC/ST Cases Court) Dausa, whereby the learned counsel has dismissed his claim petition.
(2.) THE brief facts of the case are that on 15.5.2004 around 7:00 PM while the claimant -appellant was going to his home on foot, he was hit by a rashly and negligently driven motorcycle bearing registration No.RJ29 -1M -619 in front of Govt. Hospital, Lalsot Road, Dausa. Consequently he received grievous injuries causing his permanent disability. The claimant filed a claim petition before the learned Tribunal. However, the learned Tribunal dismissed the claim petition by impugned award dated 10.4.2007. Hence this appeal. The learned counsel for the appellant has vehemently contended that in the notice given to the owner, under Section 133 of the Motor Vehicles Act, he had clearly admitted that the offending vehicle was being driven by Vinod Kumar and had met with an accident. According to the learned counsel, once such an admission is made, there is no reasonable ground for the Tribunal to dismiss the claim petition.
(3.) ON the other hand Mr. Goyal, the learned counsel for Insurance Company, has strenuously contended that the offending vehicle had been falsely implicated in the present case. Secondly that there is a contradiction between the testimony of the claimant and of the eye -witness, namely Radhakishan (AW -2). Thirdly, the learned Tribunal has noticed the fact that the FIR was delayed by nine days despite the fact that the alleged accident had taken place in front of the hospital where a police choki was readily available. Fourthly, the learned Tribunal has meticulously analysed the evidence, and after giving cogent reasons has dismissed the claim petition. Therefore, the impugned award does not deserve to be interfered with.;