ABHIJIT ADHIKARI Vs. BIMAL CHANDRA DAS AND ORS.

JUDGEMENT

(1.) THIS appeal by the claimant -appellant is directed against the award, dated 13th January, 2010 delivered by the learned Motor Accident Claims Tribunal, Court No. 1, West Tripura, Agartala in Case No. TS(MAC)518 of 2007 whereby he dismissed the claim petition filed by the petitioner on the ground that the plaintiff had failed to prove that he received injuries in a motor vehicle accident as alleged by him.

(2.) THE claimant -appellant filed a petition under Section 166 of the Motor Vehicles Act, 1988 claiming that he received injuries in a motor vehicle accident involving vehicle No. TR01 -E -1829 on 13th January, 2007 at 8.30 p.m. on Agartala - Bishalgarh road. According to the claimant, he was coming from Boxanagar to Agartala by Jeep and at about 8.30 p.m. the Jeep went out of order due to mechanical disorder. The claimant got down from the Jeep and was waiting for another vehicle and at that time, the offending vehicle Mini Truck bearing Registration No. TR01 -E -1829 came from Bishalgarh side at a high speed and knocked down the claimant. After the accident claimant was taken to the house of his uncle at Laxminarayanbari Road, Banamalipur, Agartala. He took medicines from a local chemist but on the next day on 14th January, 2007 he went to the hospital at Agartala and he was admitted there and remained as an indoor patient till 12th February, 2007.

(3.) IT would be pertinent to mention that in the medical record when the petitioner was admitted in hospital it is not mentioned that the he was suffering from a Road Traffic Accident(RTA). He was admitted on 14th January, 2007 at 1.51 p.m. and was found to be suffering from fracture of both bones of the right leg. On 10th March, 2015 this Court had given an opportunity to the appellant -petitioner to produce any other contemporaneous record to show that at the time when he was admitted in hospital at any place it was mentioned that he had suffered the injuries in a Road Traffic Accident.