G.VENKATESH Vs. MOHAMMED SHAREEF

JUDGEMENT

(1.) THE unsuccessful claimant filed this appeal having been aggrieved by the Order/Award of the learned Chairman of the Motor Accidents Claims Tribunal -cum - III Additional Chief Judge, City Civil Court, Hyderabad, (for short, 'Tribunal') in M.V.O.P.No.1872 of 2001 dated 21.07.2006, dismissing the claim petition against his claim of Rs.70,000/ -(Rupees seventy thousand only), in the claim petition under Section 166 of the Motor Vehicle Act, 1988 (for short, 'the Act').

(2.) HEARD Sri C.Vikram Chandra, the learned counsel for the appellant and Smt.I.Maamu Vani, learned standing counsel for the 2nd respondent. Notice to the 1st respondent sent called absent, thus taken as heard the 1st respondent to decide on merits. Perused the material on record. The parties hereinafter are referred to as arrayed before the Tribunal for the sake of convenience in the appeal.

(3.) WHEREAS it is the contention of the 2nd respondent -insurer, since 1st respondent owner remained exparte before the Tribunal and not put forth his appearance herein, that the Tribunal rightly came to the conclusion for no proof of any injuries sustained by the claimant muchless from any rash and negligent driving of the lorry driver and even the M.L.C filed covered by Ex.A -3 speak while admitted in hospital, left against the medical advise without taking treatment is an indication of no injuries suffered as otherwise it could mention thereby sought for dismissal of the appeal.