RAIBABEN, RAJUBEN MADHUBHAI BUDHELA Vs. JITENDRAKUMAR RAMBHAI SOLANKI

JUDGEMENT

(1.) ORIGINAL claimant has preferred this appeal under sec. 173 of Motor Vehicles Act, 1988 (hereinafter referred to as the "Act") to challenge the order passed below application at ex. 5, which was submitted under sec. 140 of the Act for claiming Rs. 25000/ - under No Fault Liability. By the said order which dated 9.6.2006 the Claims Tribunal has dismissed the application.

(2.) IN the instant case, the accident occurred on 15.6.2004. The appellant ws travelling by rickshaw bearing registration No. GJ -1 -XX -4639 The said rickshaw collided with a truck near village Bhadrod on Mahuva -Bhavnagar road. As a result of the same, the appellant sustained injuries. He, therefore, preferred claim petition under the provisions of the Act bearing Motor Accident Claims Petition No. 509/2004. During the pendency of the said petition, the appellant preferred an application under sec. 140 0f the Act for claiming interim compensation of Rs. 25000/ -.

(3.) AFTER hearing the learned advocates for the parties and upon going through the documents produced by the appellant including the medical certificate, the Claims Tribunal found that the disability certificate produced by the appellant was not reliable, hence, the Claims Tribunal rejected the application. Hence, this appeal.