GAGAN KUMAR Vs. JASVINDER SINGH

JUDGEMENT

(1.) Claimant/appellant is aggrieved by dismissal of his claim petition vide award dtd. 6/4/2004, passed by learned Motor Accident Claims Tribunal, Jagadhri (hereinafter referred as 'Tribunal'). The injured claimant had preferred a claim petition under Sec. 163A of Motor Vehicle Act, seeking compensation of Rs.4,50,000.00 on account of injuries and permanent disability suffered by him in the accident dtd. 1/11/2001.

(2.) Claimant had asserted that on 1/11/2001 at about 5:00 PM he was unloading marble stone slabs from the Truck bearing No.HR-58-0795 and while unloading the same the stone slab had fallen on him, due to which his right leg got fractured and he became permanently disabled and accordingly, had claimed compensation of Rs.4,50,000.00. Respondent No.1 took the plea that no accident took place with vehicle No.HR-58-0795. It was asserted that claimant had suffered injuries due to negligence and carelessness on his part while he was unloading the marble slabs from the truck. Respondent No.2 also took the same stand.

(3.) In order to prove his case, claimant had appeared as PW4 and reiterated assertions made in his claim petition. That on 1/11/2001 at about 5:00 PM when he was unloading marble slabs from the Truck bearing No.HR-58-0795 he got injured on account of fall of marble slabs. He claimed that he was engaged by owner of shop to unload the marble and had not claimed any compensation under Workmen's Compensation Act, 1923.