BHANU NAMDEV Vs. CHHOTELAL & OTHERS

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act 1988 is preferred against an Award dated 18th August 2005 dismissing his entire claim vide Case No.9/2004 by the Second Additional Motor Accident Claims Tribunal Ashoknagar, district Guna with a prayer that looking to 25% permanent disability suffered by the appellant in an accident, the compensation amount up to the extent of Rs. 5,00,000/- may be ordered and directed to be paid by the owner, driver as well as insurer in a joint or several manner.

(2.) The admitted facts of the case are that on 20th March 2004 at about 12 p.m., while claimant was going to attend School situated at Bazaria Mohalla Ashoknagar, the driver (respondent No.2) by driving the tractor bearing registration No.MP08 S/5674 in a high speed dashed him from front side resulting he sustained grievous injuries. On lodging F.I.R., the crime for offence under Section 279 and 337 of I.P.C. was registered and after investigation, the charge sheet was filed. The criminal case registered against respondent No.2 is under progress. By moving the petition before the learned tribunal, the claimant prayed for compensation amount of Rs. 6,20,000/- in all heads against the owner, driver and the insurer. The learned tribunal after considering the evidence and the documents on record, by holding that the petitioner failed to prove the accident and the injuries caused on account of its consequence, dismissed the entire claim. Being aggrieved, the claimant filed the present appeal.

(3.) The submission put forth on behalf of the injured/appellant is that the finding recorded by the learned tribunal that the claimant could not prove the accident by evidence which entailed dismissal of his claim is against the facts as came out from the evidence and the law. It is admitted that on the report of the treating doctor, the report of vehicular accident was lodged and thereafter during inquiry from the eyewitnesses of the local vicinity, it was confirmed that the tractor driven by the respondent No.2 was involved in the accident. Accordingly, the F.I.R. was lodged against respondent No.2-driver by the Inquiry Officer. The charge-sheet after investigation against the respondent No.2 was filed and criminal case in regard to the accident was in progress. It is submitted that these facts clearly indicate the involvement of the vehicle and driver in the alleged accident. The contention of the appellant is that after accident, the appellant who is 15 years old boy was seriously injured and due to bony injuries in clavicle and hip bone, he was 25% permanently disabled. A huge amount was spent in his treatment and due to permanent disablement his bright future life is spoiled. It is thus prayed that by allowing the appeal the impugned findings of the tribunal may be set aside and appropriate award of compensation may be passed in favour of the appellant/injured.