GOVERDHAN BARDHAR,J. - (1.) The instant civil misc. appeal has been filed by the appellant under Section 173 M.V. Act, 1988 against the judgment dated 04.02.2012 passed by the learned Judge, MACT, Nathdwara in claim case No. 06/2010 whereby the learned judge dismissed the claim petition of the appellant.
(2.) Briefly stated that facts of the case are that the appellant filed the claim petition under Section 166 M.V. Act before the learned Motor Accident Claims Tribunal, Nathdwara alleging therein that on 26.03.2009 the claimant appellant after giving the examination of Class X was going to Bada Bhanuja to his village Kama on motor cycle then at 6.00 p.m. in between the way of Bada Bhanuja to Karai near Bheel Basti Gandhi Nagar, respondent No. 1 first signaled the appellant to go ahead but the respondent No. 1 suddenly turned his Jeep No. RJ 30CB0382 again on road and hit the motor cycle of the appellant due to which the appellant alongwith motor cycle fell down and suffered injuries. The FIR of the case was registered bearing FIR No. 88/2009 at P.S. Khamnor. The appellant claimed a compensation in the sum of Rs. 7,10,000/- under various heads.
(3.) The notices of the claim petition were issued to the respondents but the respondent No. 1 despite service, did not participate in the court proceedings.;