SUNIL Vs. A.IRSHAD

JUDGEMENT

(1.) The appellant herein is the claimant in OP (MV) No.1539 of 2005 on the file of Motor Accidents Claims Tribunal, Attingal. He is challenging the impugned Award dtd. 29/6/2013 dismissing his claim.

(2.) According to the appellant, on 21/4/2005 at 3 p.m, he met with a road traffic accident while he was travelling in KL-02/L-3325 autorickshaw from Chenkikunnu to Kilimanoor. That autorickshaw was driven by the 2nd respondent in a rash and negligent manner. When it reached near Chootayil, due to the overspeed and rashness, it capsized and he fell out of the autorickshaw and sustained serious injuries. He was taken to Multi Speciality Hospital at Attingal and was treated there for fracture of ulna. He was a coolie aged 30 years earning monthly income of Rs.3,000.00. Due to the accident, he lost his earning for four months and he suffered much pain and suffering. He approached the Tribunal claiming compensation of Rs.1,25,000.00. But, the Tribunal came to the conclusion that the claimant could not prove that he sustained the injuries in the road traffic accident involving KL-02/L-3325 autorickshaw. The name of the driver stated by the claimant was not correct and there was nothing to show that the accident occurred due to the rash and negligent driving of the autorickshaw by the 2nd respondent. Hence the O.P was dismissed. Challenging the same, he has come up with this appeal.

(3.) Before the Tribunal, no oral evidence was adduced from either side. Exts.A1 to A7 and B1 were marked.