SURENDRA SHINGH Vs. SANJAY TOPPO

JUDGEMENT

(1.) THIS appeal under Section 173 of Motor Vehicle Act, 1988 (henceforth "the Act") has been filed against the award dated 15.10.2003 passed by Vlth Additional Motor Accident Claim Tribunal, Surguja (henceforth "the Tribunal") vide which claim of the appellant for compensation award has been rejected.

(2.) BRIEFLY stated facts for disposal of this appeal are that on 18.10.2001 when appellant was alighting from tractor bearing No.MP27-B/4875, respondent No.1, who was driving the tractor, negligently drove the vehicle: as a result appellant fell down and sustained several injuries, including fracture on his right thigh. He assessed the claim to the tune of Rs.5,00,000/- and for compensation award, filed application under Section 166 of the Act against the owner and driver of the offending vehicle.

(3.) IN support of their case, both the parties adduced evidence. Learned Tribunal after appreciating the evidence recorded finding that claimant failed to prove that he sustained injuries on account of accident caused by respondent No.1 - Sanjay Toppo by driving tractor bearing No.MP - 27 - B 4875 and trolley No.27 - B /4876 in a rash and negligent manner, therefore, dismissed the claim.