DHARMENDRA MADANLAL SHARMA Vs. RAJESH GHANSHYAM

JUDGEMENT

(1.) THIS appeal under section 173 of the Motor Vehicles Act, 1988 is at the instance of the claimant challenging the award dated 20.6.2007 passed by the 15th Motor Accident Claims Tribunal, Indore in Claim Case No.494/2005, whereby the claim has been dismissed on the ground that the appellant could not prove the road motor accident.

(2.) IN brief, the appellant had filed the claim petition pleading that he was travelling as a pillion rider in the motorcycle No. M.P.09 -L.D. -0768 on 28.7.2005 at 11:30 P.M. The motorcycle was owned and driven by his friend Rajesh who was driving the motorcycle slowly but when the truck came from the opposite side, the respondent No.1 Rajesh could not see due to the headlight of the truck and the motorcycle had hit a bolder causing the accident, in which the appellant had received several injuries and he had remained unconscious for 8 days. The Motor Accident Claims Tribunal after noting the evidence, has rejected the claim by holding that the appellant had not lodged any report of the incident to the police and since the respondent No.1 is the friend of the appellant, therefore, he had colluded with the appellant and the receipt of injuries by the appellant in road motor accident is not proved.

(3.) LEARNED counsel appearing for the appellant submits that the tribunal has committed an error in recording the finding against the appellant without properly appreciating the oral as well as the documentary evidence on record. As against this, learned counsel for the respondents has supported the findings which have been recorded by the trial Court.