KANHAIYALAL NANURAM PRAJAPAT Vs. OMPRAKASH RATANLAL BAKLIWAL

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the claimant against the award dated 23-2-2004 passed by the Member, Addl. Motor Accident Claims Tribunal, Mandsaur (M.P.) in M.A.C.C. 01/2003.

(2.) On 7-11-2002 the appellant was travelling as a pillion rider in the Hero Honda motorcycle No. MP14-BA-6777 driven by Omprakash. The motorcycle had slipped and both Omprakash and the appellant had suffered injuries in the accident. Accordingly the appellant had filed the claim petition before the Tribunal. The Tribunal found that the appellant failed to establish that Omprakash was driving the motorcycle and the appellant was sitting as a pillion rider, and that he had received injuries in the accident caused by the motorcycle driven in rash and negligent manner by Omprakash. The Tribunal further found that it was not proved that Omprakash was having a valid driving licence. The Tribunal, therefore, dismissed the claim petition.

(3.) Learned counsel appearing for the appellant submits that the Tribunal has committed an error in dismissing the claim petition without property appreciating the evidence on record. He further submitted that the finding of the Tribunal that Omprakash was not having a valid driving licence, is unsustainable.