RAMPRASAD S/O BACHCHA LAL Vs. BAIJNATH SINGH

JUDGEMENT

(1.) This appeal is by the claimant under Sec. 173 of the Motor Vehicles Act, 1988 against the award 9.1.2014 passed by Motor Accident Claims Tribunal, Koriya (Baikunthpur) in Claim Case No. 70/2011 whereby the claim petition has been dismissed by the Tribunal.

(2.) As per averments in the claim petition, on 31.12.2010 at around 11 am while appellant/claimant Ramprasad was riding his motorcycle Bajaj Discover (Sold), in which his brother-in-law Suresh was sitting as a pillion rider, his vehicle was dashed by non-applicant Baijnath who was riding motorcycle Yamha Crux bearing No. CG 15 D 9079 in a rash and negligent manner. As a result thereof, the claimant suffered grievous injuries including fracture of tibia and fibula bones. On report being made by the claimant on 14.1.2011, offence under Sections 279, 337 of Penal Code was registered against the non-applicant under Crime No.06/2011 and charge sheet under Sections 279, 337 & 338 of Penal Code was filed against him before the Judicial Magistrate First Class, Baikunthpur.

(3.) On claim petition being filed by the claimant under Sec. 166 of the Motor Vehicles Act, the Tribunal considering the evidence led by both the parties dismissed the claim petition by the impugned award.