G.NARAYANA REDDY Vs. M.VAJIDA TABUSUM

JUDGEMENT

(1.) The claimant preferred the appeal assailing the award of the Motor Accident Claims Tribunal cum V Additional District Judge (Fast Track Court), Anantapur (the Tribunal, for short) in O.P.No.16 of 2004 dated 22-11-2004 .

(2.) The appellant made a claim under Sections 140 and 166 of the Motor Vehicles Act, 1988 (the Act, for short) together with the Rules thereunder claiming compensation at Rs.1,00,000/- for the injuries sustained by him in an accident that occurred on 15-7-2003.

(3.) The accident occurred on 15-7-2003 at about 10.00 p.m. The First Information Report (FIR), certified copy of which is Ex.A-1, shows the time of the accident as 10.00 p.m. The claimant deposed as P.W.1 that he sustained injuries at 10.00 p.m. P.W.2 is the doctor, who treated the claimant. P.W.2 deposed that he treated the claimant at about 07.00 p.m. The Wound Certificate also shows that the claimant was admitted at the hospital at 07.00 p.m. on 15-7- 2003. Thus, the accident occurred at 10.00 p.m. whereas P.W.2 deposed and supported by Ex.A-2 certified copy of the Wound Certificate that the claimant was treated by P.W.2 at 07.00 p.m. On the basis of this evidence, the Tribunal dismissed the claim.