[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR J U D G M E N T S.B. CIVIL MISC. APPEAL NO. 923/2004 SATTAR SHAH Vs. HEMRAJ SINGH & ORS. Date: 17.03.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. H.K. Sharma for the claimant/appellant. Mr. R.P. Vijay for the respondents. **** The present civil misc. appeal under Section 173 of the Motor Vehicle Act, 1988 is directed against the impugned judgment dated 20.04.2004 passed by the Motor Accident Claims Tribunal, Gangapurcity (for short 'the Tribunal') in Claim Case No. 95/2002, by which the claim petition filed by the claimant/appellant has been rejected. Brief facts of the case are that the claimant/ appellant filed a claim petition before the Motor Accident Claims Tribunal, Gangapurcity under Section 166 of the Motor Vehicle Act, 1988 against the respondent/non-claimants claiming compensation to the tune of Rs. 14,73,000/- on account of injury sustained by him in the accident which took place on 20.06.2002 at about 1.30 p.m. when the appellant was travelling in the jeep bearing No. RJ-25-P-743 from Bamanwas to Piplai, one another jeep bearing No. RJ-25-P-685 which was [2] being driven rashly and negligently by the driver of the said jeep collided with the jeep in which the claimant/appellant was travelling, due to which the appellant sustained grievance injuries in his leg, thigh, hand and back and the driver of the offending jeep ran away after the accident. First Information Report was registered at the police station and the police after investigation filed charge-sheet against the driver of the offending jeep. The factum of the accident is not denied but the Tribunal while rejecting the claim petition filed by the claimant/appellant, observed that no negligence has been found on the part of the driver of the offending jeep. It is averred by the claimant/appellant that he was sitting in the jeep having his legs outside the jeep and collided with the offending jeep and due to this accident he suffered serious injuries. I have heard rival submissions of the respective parties and carefully gone through the relevant record as also the impugned judgment passed by the Motor Accident Claims Tribunal, Gangapurcity dated 20.04.2004. In the considered view of this Court as the factum of accident is proved and the alleged accident took place, without giving opportunity to lead evidence the Tribunal has wrongly arrived at a conclusion and outrightly rejected the claim [3] petition filed by the claimant/ appellant only on the ground that no negligence has been found on the part of the driver of the offending jeep, therefore, this Court deem it proper to quash and set aside the impugned judgment dated 20.04.2004 passed by the Motor Accident Claims Tribunal, Gangapurcity and remand the matter back to the Tribunal for fresh adjudication on its merit after giving opportunity of hearing to the parties. With these observations, the civil misc. appeal stands disposed of. Record be sent back. (K.S. RATHORE)J. /KKC/