MAHIPAL SINGH BHATI Vs. NISAR MOHD.

JUDGEMENT

(1.) THIS appeal has been filed against the award dated 30.11.2005 passed by IV Member MACT, Mandsaur in M.A.Claim Case No.360/2004, dismissing the claim petition of the appellant.

(2.) THE short point involved in this appeal is that the Tribunal was justified in not granting compensation to the appellant who filed the accident claim case under Section 163 -A of the Motor Vehicles Act, 1988. The Tribunal has dismissed the claim case, considering the documents which were available on record which establishes that it was the appellant himself who was negligent in this case and thus was not entitled to the accident claim compensation.

(3.) THE relevant observations made by the Tribunal are in paragraphs 17,18,19,20 and 21 of the award which reads as under: -