NIRMAL Vs. GIRJADEVI

JUDGEMENT

(1.) With the consent of the learned counsel for the parties, the matter is finally heard.

(2.) This appeal under Sec. 173(1) of the Motor Vehicles Act, 1988 has been preferred by the appellant / claimant being aggrieved by the award dtd. 4/9/2008 passed in Claim Case No.302/2003 by the 21st Addl. Member Motor Accidents Claims Tribunal, Indore whereby a total sum of Rs.55,000.00 has been awarded but the claims tribunal after analysing all the evidence concluded that the appellant/claimant failed to prove that accident occurred on relevant date so his application was dismissed.

(3.) Short facts of the case are that on 21/4/2000, at about 4.00 AM the appellant was going through Dharmraj Colony, Indore. He was at his side, all of a sudden, the respondent No.2/driver of the auto rickshaw bearing registration No.M.P. 09 KA 2071 (owned by respondent No.1 and insured with respondent No.3) came rashly and negligently and hit the appellant. Resultantly, the appellant received grievous injuries on his left leg and other parts of the body. He also got fractured on his left leg, thus rod was implanted in Verma Union Hospital, Indore where he remained hospitalized up to 30/4/2000.