SHAMBHU DAYAL Vs. SAFI AHMAD SHEKH

JUDGEMENT

(1.) This F.A.F.O arises out of an award dated 3.9.2008, passed by learned Presiding Officer, Motor Accident Claim Tribunal, Sitapur in Claim Case No. 76 of 2007, whereby claim petition of appellant Shambhu Dayal was rejected on the sole ground that no definite medical evidence could be produced before the Tribunal to establish that the claimant suffered injuries in his leg.

(2.) However, the appellant has filed medical evidence as also a copy of G.D entry to show that soon after the accident at 4 a.m, he received initial treatment in Primary Health Centre, Sidhauli, Sitapur at 5-30 a.m on the date of accident, after covering a distance of one kilometer from the place of accident.

(3.) According to learned Counsel, the appellant suffered serious injuries while he was going on a bicycle, which was hit by a pick-up vehicle, which lost its balance after a calf appeared on the road. Even after hitting the vehicle of injured, the offending vehicle also dashed against a truck, leading to accidental injuries to four persons sitting therein, who have also filed their claim petitions, which are still pending before the Tribunal.