KAVJIBHAI VALJIBHAI ASARI Vs. DAMOR HIRAJI SHANKARJI

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act is at the instance of an unsuccessful claimant in a proceeding under Section 166 of the Motor Vehicles Act and is directed against an award dated 5th February 1999 passed by the Motor Accident Claims Tribunal (Main) Sabarkantha at Himmatnagar in Motor Accident Claims Petition No.1129 of 2004 thereby dismissing the application for compensation on the sole ground that the claimant failed to prove the case made out in the claim application.

(2.) BEING dissatisfied, the claimant has come up with the present appeal.

(3.) ACCORDING to the statement made in the claim application, the victim -claimant was aged 19 years at the time of the accident. On the day of the accident, he was standing at the station of Village - Tintasan on kachcha edge of the road and at that time the opponent no.1 i.e. the driver of jeep No.GJ -9 B -2491 came driving his jeep with full speed in rash and negligent manner from the side of Idar and dashed with an on -coming tractor and thereafter dashed with the applicant. According to the claimant, due to the impact the applicant sustained injuries as mentioned in the injury certificate.