GOPI RAM Vs. HIRALAL

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') is directed against the award dated 31 -3-2005 passed by the Additional Motor Accident Claims Tribunal, Balod, in Claim Case No. 35/2004.

(2.) ON 22-3-2005, the appellant while working as labour was sitting in the Tractor-Trolley bearing registration No. CG 04 ZC 8488 and CG 04 ZC 8489. The said Tractor-Trolley was driven by respondent met with an accident due to his rash and negligent driving. Appellant received injuries who assessed compensation at Rs. 69,000/- (Rupees sixty nine thousand only) and for recovery of the same, filed a petition under Section 166 of the Act.

(3.) APPELLANT in support of his plea adduced oral and documentary evidence whereas respondent did not adduce any evidence. Learned Tribunal after appreciating the evidence, held that appellant has failed to prove that respondent was driving the vehicle at the time of accident, therefore, dismissed the petition.