ROSHAN GOYAL Vs. RAKESH KUMAR MALHOTRA

JUDGEMENT

(1.) This Appeal has been preferred by the Claimant under Section 173 of the Motor Vehicle Act, 1988 (for short 'the Act of 1988'), questioning the legality and propriety of the award dated 26.09.2015 passed by the 9th Motor Accident Claims Tribunal, Bilaspur (for short 'the Tribunal') in Claim Case No.188/2014, whereby the Tribunal has dismissed the Claim Petition filed under Section 166 of the Act of 1988. The parties to this Appeal shall be referred hereinafter as per their description in the Court below.

(2.) Shri Basant Dewangan, learned Counsel for the Applicant submits that the finding of the Tribunal holding that the Claimant has failed to establish the specific number of the vehicle in question, which caused the accident is apparently misreading of the avements made in the claim Petition vis-a-vis the evidence, both oral and documentary and is, therefore, perverse and liable to set aside. While inviting attention to the charge sheet (Ex.A-2) and the seizure memo (Ex.A-3), it is contended that the vehicle in question i.e. motorcycle 'Hero Honda' bearing registration No.CG 10 NC- 4953, owned by Non-Applicant No.1-Rakesh Kumar Malhotra was involved, however, without taking note of these documentary evidence and that by ignoring the evidence led by the parties in its proper manner, the Tribunal has committed a serious illegality in dismissing the claim.

(3.) On the other hand, Shri Das, learned Counsel for Non-Applicant No.3 has supported the award impugned as passed by the Tribunal.