JAYANTA KUMAR SAHA, S/O NANI GOPAL SAHA Vs. MANTOSH BHOWMIK, S/O NANI GOPAL BHOWMIK; UNITED INDIA INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This appeal by the claimant is directed against the award dated 17.01.2008 passed by the learned Motor Accident Claims Tribunal, Udaipur, South Tripura in case no. T.S. (MAC) 98 of 2007 whereby the learned Tribunal dismissed the claim petition of the claimant solely on the ground that the claimant had failed to prove that he received any injuries in a road traffic accident.

(2.) The claimant filed the claim petition under Section 166 of the Motor Vehicles Act alleging that on 15.08.2006 at about 5.30 p.m. he was walking on the southern side of the Palatana bazaar on Udaipur- Kakraban main road when he was hit by the vehicle bearing registration no. TR-03-2488 (auto rickshaw) coming from the opposite side. It was alleged that as a result of the injuries sustained in the accident, the claimant had to be hospitalized and had to undergo extensive treatment.

(3.) The owner filed written statement and denied that any accident had taken place but also stated that the vehicle, in question was duly insured with United India Insurance Company. The insurance company also filed reply.