PARIMAL PAUL Vs. KANAI CHANDRA DEB AND ORS.

JUDGEMENT

(1.) This appeal by the claimant is directed against the award dated 20.12.2010 passed by the learned Motor Accident Claims Tribunal (Court No. 2), West Tripura, Agartala in T.S. (MAC) 24 of 2007 whereby, he rejected the claim petition of the claimant on the ground that it is not clearly proved that the claimant is the same person, who suffered injuries.

(2.) Briefly stated the facts of the case are that the claimant filed a claim petition alleging that on 06.07.2005 at 8.30 a.m. he was going to the Mungiabari market. According to the claimant he had boarded a mini Truck No. TR-01-1921, which he had hired for carrying his goods and on the way the vehicle met with an accident. The claimant claimed that he was earning Rs. 8,000/- per month. He also claimed that he was admitted in the G.B. hospital on 06.07.2005 and remained admitted there till 18.07.2005. Since his injuries were serious he was referred to the hospital at Kolkata. He, however, decided to get himself treated at Christian Medical College (CMC), Vellore and he remained admitted there as a patient from 01.08.2005 to 12.08.2005. Thereafter, he had to stay 6 weeks in Vellore in connection with his treatment. According to the claimant, he had suffered severe injuries and he, accordingly, prayed for compensation.

(3.) The owner filed written statement. He in his written statement admitted that the claimant-petitioner along with many other persons had loaded their business goods in the vehicle of the owner and thereafter, the claimant-petitioner and the others forcibly boarded the rear portion of the vehicle though they were requested several times by the driver of the truck not to board the vehicle, which is a goods carrying vehicle. However, the claimant-petitioner and the others became violent and threatened to kill the driver and therefore, the driver was compelled to carry the petitioners. It is not disputed that the petitioner and the other persons, who boarded the vehicle as owner of the goods were not traveling in the cabin of the vehicle, but were traveling in the rear portion, which is meant for carriage of goods and material and not for carriage of passengers.