KRISHNA KUMAR YADAV Vs. MOHD. KALEEM AND OTHERS

JUDGEMENT

(1.) Heard Shri Girish Kumar K annojia learned counsel for the appellant and Shri Narshing Narain Lal, learned counsel appearing for the respondent no.2 and Shri Jitendra Narain Mishra for the respondent no.3.

(2.) The instant appeal has been preferred against the judgment and award dated 10.11.2006 passed by the Motor Accident Claims Tribunal/7th Additional District Judge, Faizabad in Claim Petition No.154 of 2004 whereby the claim petition of the appellant-claimant has been dismissed.

(3.) The tribunal while dismissing the claim petition has recorded a finding that there is no material on record by which it could be established that the accident took place and as a result the appellant sustained injuries. Though it has referred to the certain documents filed by the appellant but has come to the conclusion that they relate to a period subsequent to the date of the accident and there is no document to indicate that the appellant was admitted in the hospital on the date of the accident i.e. 18.01.2004. The tribunal has also recorded a finding that there is any clear evidence that the driver of the vehicle in question, namely, Mohd. Kaleem did not possess a valid and an effective driving licence on the date of the accident and consequently while dismissed the aforesaid claim petition. The instant appeal has been preferred by the claimants and the submission of the learned counsel for the appellant is that the claimants had already filed ample documentary evidence which established the factum of the accident and the injuries sustained by the claimants and the treatment, which have been completely misread to the verge of having been ignored and the tribunal has proceeded on a premise which is completely alien to the manner in which a claim petition is to be decided. It has further been submitted by the learned counsel for the appellant that the finding recorded by the tribunal is contrary to the material available on record which clearly indicated that the appellant was admitted in the hospital on the date of the accident i.e. 18.01.2004 and the fact that he has been x-rayed for the injuries sustained and receipts were also available on record which have been ignored and the contrary finding has been rendered which has resulted in miscarriage of justice.