PRADEEP SHARMA Vs. RAJKUMAR SINGH

JUDGEMENT

(1.) List is being revised. The case is called out twice, however, no one is present for the respondents, despite service of notice. Therefore, we proceed ex parte against the respondents.

(2.) This appeal has been filed by the appellant/injured under section 173 of the Motor Vehicles Act, 1988 against the order dated 15.4.2011 passed by First Additional Motor Accidents Claims Tribunal, Raigarh (in short, 'the Tribunal') in Claim Case No. 11 of 2011, dismissing the claim petition filed by the appellant/injured under section 163-A of the Motor Vehicles Act, 1988 at the preliminary stage.

(3.) Brief facts of the case are that on 12.6.2009 the appellant after loading the goods in Mahendra Max pick-up bearing registration No. CG 13-D 1091, was going to Sakti in the said vehicle. When the said vehicle reached near village Kulba, P.S. Dabhra, the tyre of rear wheel of the vehicle got punctured. While the appellant was raising the rear wheel with the help of jack, then all of a sudden the jack got slipped and the left leg of appellant was pressed under the said vehicle, resulting in fracture of tibia and fibula bones. Thereafter the appellant/injured was immediately taken to District Hospital, Raigarh.