GOKUL PRASAD CHANDRA SINGH Vs. RAM SINGH CHUNNILAL

JUDGEMENT

(1.) THIS is an appeal Under Section 110-D of the Motor Vehicles Act, 1939 (now repealed by the Motor Vehicles Act, 1988) by the claimant/appellant against the order dated 7-12-1984 of the Motor Accidents Claims Tribunal, East Nimar (Khandwa), whereby his claim was totally rejected on the ground that he failed to prove that Truck No. C. P. D. 8147, driven, owned and insured by the respondents Nos. 1, 2 and 3 respectively, was involved in the accident.

(2.) THE undisputed facts are that on 2-11-1982 at about 5 O'clock in the day time, while the claimant was going on a bicycle from Harsood to village Sadiyaoani a truck coming from opposite direction, suddenly crossed, hitting him with such a force on his left arm that his left hand was instantaneously chopped off at the place of the accident.

(3.) THE claimant's case was that Madhukar Rao (P. W. 5), who was also passing by, soon after the accident helped the claimant in rushing him first to the Police Station and immediately thereafter to the hospital.