SUNIL ALIAS SUNIL KUMAR MAKODE Vs. BALKISHAN

JUDGEMENT

(1.) THIS appeal has been filed by the claimant against the award dated 13/2/2001 passed by Member, Motor Accident Claims Tribunal, Betul in m. C. C. No. 34/2000 whereby learned Tribunal dismissed his claim petition on the ground that appellant failed to prove that the accident had occurred due to rash and negligent driving of offending truck bearing No. HR-38/8777 by respondent No. 1.

(2.) BRIEF facts of the case are that on 12/2/2000 appellant Sunil along with his friend Manoj were going to Partapur on his Rajdoot motorcycle bearing registration No. M. P. 05-6595. The appellant was driving the motorcycle. When they reached near the culvert at village Milanpur, one truck bearing registration No. H. R. 38/8777, owned by respondent No. 2 was driven very rashly and negligently by respondent No. 1, who without giving any indication or signal reversed his truck and dashed the motorcycle of appellant No. 1. Due to the said accident, the appellant sustained grievous injuries and his motorcycle was also damaged. After the accident, a report was lodged at police Station, Betul Bazar on the next day i. e. after a period of more than 24 hours. An FIR (EX. P/10) was registered vide Crime No. 15/2000 on 13/2/2000 under Section 279 and 237, IPC. On 14/2/2000 MLC was held vide Ex. P/11. As per MLC, injury No. 1 2 and received by the appellant which reads thus :

(3.) THE appellant filed a claim petition under Section 166 of Motor Vehicles Act, 1988 claiming the compensation of Rs. 17,946/- towards repairing of the motorcycle and Rs. 6,000/- towards his medical treatment. At the time of accident, the offending vehicle was registered with respondent No. 3 Insurance company.