KAMAL SINGH S/O SURAJSINGH THAKUR Vs. BABULAL

JUDGEMENT

(1.) BEING aggrieved by the award dated 27/01/05 passed by XVI MACT, Indore in Claim Case No.430/03 whereby claim petition filed by appellant for compensation on account of injuries sustained in a motor accident was dismissed, present appeal has been filed. Short facts of the case are that the appellant filed a claim petition alleging that on 08/08/01 appellant was going on his scooter towards Malwa Mill. It was alleged that when the appellant reached to Janjeer Square, at that time FIAT car bearing registration No.MP/09-W/1507 which was being driven by respondent no.1 rashly and negligently, owned by respondent No.2 and insured with respondent No.3 dashed the appellant, with the result appellant fell down and sustained grievous injuries. It was alleged that respondent No.1 get down and ask the appellant that after parking the vehicle to the road side he is coming, but the respondent No.1 ran away. Appellant was brought to MY. Hospital. It was alleged that appellant sustained fracture of Patella bone. It was alleged that because of accident permanent disability has been caused to the appellant. It was prayed that the claim petition be allowed and compensation be awarded. The claim petition was contested by respondent Nos.1 & 2 by filing written statement, wherein it was alleged that no accident occurred by the offending vehicle. It was alleged that on the fateful day one cow dashed the appellant, with the result appellant fell down in front of car of respondent No.1 and sustained injuries, for which respondent Nos. 1 & 2 can not be held liable. It was prayed that the claim petition be dismissed. Respondent No.3 filed separate written statement wherein all the allegations were denied. It was also denied that the offending vehicle was insured with respondent No.3. It was prayed that the claim petition be dismissed. After framing of issues and recording of evidence learned Tribunal dismissed the claim petition, against which present appeal has been filed.

(2.) LEARNED counsel for the appellant argued at length and submits that the learned Tribunal committed error in dismissing the claim petition. It is submitted that from the policy itself it is evident that the offending vehicle was insured with respondent No.3. It is submitted that in the facts and circumstances of the case, appeal filed by the appellant be allowed and impugned award passed by the learned Tribunal be set aside and adequate compensation be awarded. Learned counsel for respondent No.3 submits that no illegality has been committed by the learned Tribunal in dismissing the claim petition. It is submitted that the appeal filed by the appellant has no merits and the same be dismissed. From perusal of the record it is evident that the accident is dated 08/08/01. MLC was prepared at MY. Hospital which is Ex.P/6, in which it is mentioned that the accident is by FIAT car and place of number is left. Respondent Nos.1 & 2 also filed written statement, wherein it is not disputed that the accident took place and appellant sustained injuries, but it is alleged that the appellant sustained injuries because of dashing by Cow and not because of accident by the offending vehicle. From perusal of the record it is evident that the learned Tribunal has dismissed the claim petition on the ground that the accident is dated 08/08/01, while FIR was lodged on 21/08/01 and investigation took place on 31/12/01. Site map was prepared on that very day. Seizure of offending vehicle also took place on 31/12/01 and conviction of respondent No.1 also took place on 31/12/01.