P M SHAHIN Vs. HYDROSE KOYA THANGAL

JUDGEMENT

(1.) A school master, who sustained serious injuries viz. fracture to femur right upper 1/3rd, dislocation of proximal inter phalangeal joint of right little finger, lacerated wound right knee, laceration scalp, soft tissue injuries right elbow, developed ARDS as a direct result of the injuries, complains that the Motor Accident Claims Tribunal dismissed the original petition filed by him under Section 166 of the Motor Vehicle Act on the reason that the appellant failed in proving the accident. According to the appellant, the accident occurred due to the negligence of the 2nd respondent who was driving the jeep which hit down the motor cycle in which the appellant was riding.

(2.) THE main ground raised in the appeal is that even though PW1 was examined and medical bills totaling of Rs.1,60,000/- were produced, the learned Tribunal did not even mark those bills. It is urged that there was no counter evidence at all to the convincing oral evidence given by PW1.

(3.) PER Contra, learned Standing Counsel for the Insurance Company submitted that Ext.A1 FIR alone was produced. The FIR was registered some eight days after the occurrence. The charge sheet submitted by the police against the 2nd respondent was never produced.