SUDESH KUMAR KAPOOR Vs. ANIL ANAND

JUDGEMENT

(1.) PRAFULLA C. Pant, J. This appeal, preferred under Section 173 of the Motor Vehicles Act, 1988, is directed against the judgment and award dated 19-05-1999 in Motor Accident Claim Case No. 55 of 1994, passed by learned M. A. C. T. /iind Additional District Judge, Nainital, whereby the claim petition of the appellant, is dismissed.

(2.) BRIEF facts of the case are that on 16-07-1992, at about 7:00 P. M. , the appellant/claimant was coming from Kichcha to Haldwani in his scooter registration No. U. M. M. / 2669. When he reached near Mazar, a truck bearing registration No. U. H. T. /39, owned by respondent No. 1, which was being driven rashly and negligently by its driver dashed at the scooter. Consequently, the appellant/ claimant fell from the scooter and re ceived head injuries. Some people took him immediately to Base Hospi tal, Haldwani, and got him admitted there. However, next day when his condition did not improve, he was taken to Delhi for further treatment. Due to the injuries received in the ac cident, the appellant/claimant has lost his hearing power and has become disabled. It is alleged in the claim pe tition that the claimant had to spend Rs. 2, 00, 000/- in his medical treat ment. A sum of total Rs. 5, 00, 000/-was claimed as amount of compensa tion by the claimant. It appears that during the pendency of the claim pe tition, the National Insurance Com pany was impleaded as respondent No. 2 as the aforesaid truck registra tion No. U. H. T. /39 was found to have been insured with the said Company on the date of the accident.

(3.) AFTER recording the evidence and hearing the parties, the Tribunal found that it is not proved that the truck registration No. U. H. T. /39 was involved in the accident. And with that finding, the claim petition was dismissed. Aggrieved by which, this appeal has been filed by the claim ant.