SANDEEP KUMAR Vs. KISHAN RAM TAMTA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The claimant " " appellant has preferred this appeal against the judgment and order dtd. 22/12/2010 passed by the Motor Accident Claims Tribunal, Nainital in MACP No. 148 of 2008 dismissing the claim petition filed under Ss. 140 & 166 of the Motor Vehicle Act.

(3.) It is borne out of the record that learned Tribunal had come to the conclusion that claimant has not been able to prove by preponderance of evidence or probability that he suffered the injuries in a motor traffic accident that allegedly took place on 19/8/2007 mainly on the ground that the exhibited document i.e. the discharge certificate issued by the Sanjay Gandhi Post Graduate Institute of Medical Science, Lucknow, has recorded in it that claimant was in the state of coma since 18/8/2007, though admittedly, the accident took place on 19/8/2007. The exhibited document, which is a xerox copy of a document prepared by Government Hospital B.D. Pandey, Nainital on 19/8/2007 reveals that the claimant received injuries in a road accident one day prior to the said date. This document shows that the injuries sustained or suffered by the claimant relates to 18/8/2007 and it is admitted case of the appellant that occurrence took place on 19/8/2007.