MD. SAFIQUE MIAH Vs. ABDUL MATALEB GAJI

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the award dated 17 -01 -2008 delivered by the learned Motor Accident Claims Tribunal, West Tripura, Agartala in T.S.(MAC) 148 of 2005 whereby he dismissed the claim petition on the ground that the claimant had miserably failed to prove that he suffered injuries in a motor vehicle accident.

(2.) THE claimant filed a claim petition under section 166 of the Motor Vehicles Act (hereinafter referred to as the M.V. Act) alleging that on 01 -10 -1994 at about 10 a.m. he was returning from Sonamura to his village in a commander jeep. When the said jeep reached Grantali, it was stopped on the extreme left side of the road. Thereafter, the claimant along with some other passengers got down from the back side of the jeep. In the mean time, another vehicle bearing registration No.TR -01 -2191 (Jeep) came from the same direction. The said jeep was being driven rashly and negligently at a very high speed. The second jeep dashed against the victim resulting in injuries to him. Thereafter, the claimant was taken to the hospital at Melagarh and he was then referred to the hospital at Agartala where he remained admitted from 01 -10 -1994 to 29 -10 -1994. According to the allegations made in the claim petition, thereafter the claimant was again admitted in the Melagarh Hospital from 29 -10 -1994 to 28 -11 -1994.

(3.) THE claimant in support of his claim filed an affidavit and the affidavit is virtually a copy of the averments made in the claim petition. The claimant was not even cross -examined since none appeared for the respondents. Normally in such a case, the statement of the claimant should have been believed. However, there are certain facts which are peculiar to the facts of this case. According to the claimant, he was travelling in some other jeep. He gives the number of the jeep which allegedly dashed against him, but he has not given the number of the jeep in which he was travelling. He has not even given the names of the driver of either of the jeeps and has not named any of his co -passengers in the jeep though admittedly according to him, there were co - passengers.