ASHOK KUMAR BHAMORE Vs. RAKESH

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 is directed by the appellant against the award dated 4th October, 2006 passed by Member, Motor Accident Claims Tribunal, Betul, District Betul (M.P.) in M.A.C.C. No. 108/2005, whereby the Tribunal has rejected the claim of the appellant.

(2.) APPELLANT's case in short is that on 16th March, 2005 respondent No. 1 by driving Tata Sumo No. MP-09-S-3250 which was owned by respondent Nos.2 and 3 and insured with respondent No.4. Respondent No. 1 while driving the aforesaid vehicle rashly and negligently turned turtle it. As a result of this accident, appellant sustained a fracture in his left hand and he remained first hospitalized in Lashkar Hospital, Betual from 16th March, 2005 to 19th March, 2005 and thereafter shifted to Padhar Hospital where he remained hospitalized from 19th March, 2005 to 28th March, 2005. Due to this accident, appellant could not perform his duty as Salesman of the Bhargava Agency for six months.

(3.) ASHOK Kumar claimant in his examination in chief has stated that on 16th March, 2005 while he was working as a Salesman in Bhargava Agency was travelling in Sumo No. MP-09-S-3250 driven by respondent No.1, who was driving the vehicle rashly and negligently resultantly the jeep turned turtle near Sehra road and appellant received fracture in his right hand.