NARENDRA KUMAR ALIAS GUDDAN MANARAJ Vs. UMESH

JUDGEMENT

(1.) THIS appeal has been filed by the claimant against the award dated 28/3/1997 passed by 1st Additional Motor Accident Claims Tribunal, Sagar in m. V. Case. No. 6/1996 whereby learned Tribunal dismissed the claim petition on the ground that claimant failed to prove that jeep bearing registration no. CIB 0129 was involved in the accident.

(2.) BRIEF facts of the case are that on 15/12/1993 claimant Narendra kumar @ Guddan Maharaj aged about 50 years was standing at the left side of the road near Nagad narayan Akhada along with Vijay Shrivastava, prashant Dubey, Virendra Suhane and Ravishankar Mishra. While he was talking with them, a Jeep bearing registration No. CIB 0129 driven by respondent No. 1 hit him and ran away from the place of occurrence, at about 10. 00 p. m. in the night. Due to the injuries sustained by the appellant, he was rushed to Government Hospital (Tilli Hospital ). His MLC was conducted on 15/12/1993 vide Ex. A/85 in the night. The doctor who conducted his MLC has opined that injuries are grievous and he was advised for x-ray of right leg. As per MLC the appellant received the following injuries.

(3.) VIJAY Shrivastava, one of the eye witnesses with whom the appellant was standing along with other persons, lodged a report vide Ex. A/1. In the said report no vehicle number has been mentioned nor Vijay Shrivastava at the time of lodging of report intimated the vehicle number of offending vehicle as is evident from FIR No. 208/93 (Ex. A/1 ). Later on the appellant was admitted for his further treatment at Medical College, Jabalpur. During treatment it was found that it is a case of compound fracture of tibia fibula of right leg. As per Ex. A/2, the Reader of Orthopedics Department of government Medical, Jabalpur has opined that the appellant is presently having non-union and infection in the fracture site and he has been advised for major surgery of the same.