BRAHMA DUTT SHARMA Vs. UMESH SHARMA AND OTHERS

JUDGEMENT

(1.) This First Appeal From Order has been filed under section 173 of Motor Vehicle Act, 1988 (hereinafter referred to 'Act, 1988') by appellant-Brahma Dutt Sharma, being aggrieved by judgment and decree dated 7.3.1995 passed by Court below rejecting the claim petition despite giving finding of contributory negligence.

(2.) This appeal requires to be allowed for the reasons mentioned herein below.

(3.) The accident having taken place is not in dispute. The appellant having suffered loss of one vision is not in dispute. The vehicle being insured with insurance company and there is no breach of policy condition. The accident occurred way back in the year 1990 is not in dispute. The involvement of the vehicle is not in dispute and is proved before the Tribunal. The appellant challenges the findings as they are perverse and against the record and, therefore, factual data is not adverted to except that the accident occurred at 10.00 pm at night when the appellant was driven his motorcycle all of a sudden the driver of the tempo drove the tempo in rash and negligent manner and dashed with the motorcycle of the appellant rendering him unconscious. The appellant was a Government servant but unfortunately he had not produced documentary evidence to show his permanent and partial disablement except that he had lost vision in one eye and he was placed at a lower grade but that was also without any documentary proof.