LAWS(MPH)-2013-7-501

RAMMOO SAHU Vs. HIRA LAL YADAV AND OTHERS

Decided On July 30, 2013
Rammoo Sahu Appellant
V/S
Hira Lal Yadav And Others Respondents

JUDGEMENT

(1.) This miscellaneous appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against the award dated 14.10.2003 dismissing the claim of appellant/claimant filed under Section 166 of the Motor Vehicle Act for compensation for the injuries sustained in the accident allegedly caused by the Tractor run by respondent no.1 Hira Lal Yadav and owned by respondent no.2 Bhagirath Prasad Prajapati and insured with respondent no.3 Insurance Company.

(2.) Brief facts of the case are that on 27.3.2002, appellant was travelling in an Autorikshaw bearing registration No.MP21/5350, driven by Ravi Burman. When the Auto reached near Mai River, Tractor driven rashly and negligently by respondent no.1 dashed with Auto and appellant/claimant sustained grievous injuries resulting in permanent disability.

(3.) The claim filed by the appellant/claimant has been dismissed by the learned Tribunal mainly on the ground that the FIR lodged immediately after the incident shows the number of Tractor as MOK5305 while, the claim has been filed against the Tractor No.MOK8905. Being aggrieved by the impugned award, the appellant has filed this appeal mainly on the ground that the learned Tribunal is not justified in dismissing the claim overlooking the evidence adduced by the claimant and believing on the FIR, in which, number of the Tractor has been wrongly mentioned due to mistake of Ravi Burman.