CHANDAN SINGH Vs. AMIT KUMAR

JUDGEMENT

(1.) THIS miscellaneous appeal has been filed by the claimant against the judgment dated 3.10.2008 passed by the VIth Motor Accident Claims Tribunal, Indore in Claim Case No.149/2007, whereby the learned tribunal dismissed the claim petition filed by the claimant under Section 166 of the Motor Vehicles Act, 1988.

(2.) ON the date of the accident, ie., on 22.4.2006, the appellant who is the owner and driver of the truck bearing registration No.M.P. 09 K.A. 7899 was going from Maksi to Surat, at about 7.00 AM in the morning when his truck was Kms from Godhra one dumper bearing registration no. G.J. 17 X 8927 driven rashly and negligently by its driver respondent No.2 came from wrong side and hit his truck due to which appellant sustained serious injuries and fracture on his right leg. At the time of accident, his income was Rs.10,000/ - per month. After accident, he was admitted at Government Hospital Badoda, where he was operated and rod was inserted. Thereafter, for further treatment, he was admitted at Bafna Hospital and spend Rs.1,00,000/ - on his treatment. Due to accident, he has suffered permanent disability.2

(3.) THE respondents No.1 and 2 were proceeded ex parte and they have not filed any written statements before the claims tribunal.