RAJ KUMAR Vs. SAT NARAIN AND ANOTHER

JUDGEMENT

(1.) The present appeal is against the award dated 21.11.2015 passed by Motor Accidents Claims Tribunal, Rohtak (for short 'the Tribunal'). The appellant being aggrieved of dismissal of his claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') has filed the present appeal.

(2.) On 15.2.2014, the appellant allegedly boarded an auto rickshaw bearing registration No.HR-46-C-4070 for going to village Bhalaut. It was alleged that the said rickshaw was being driven rashly and negligently and while overtaking a tractor-trolley, it (auto rickshaw) dashed into the divider, as a result of which the appellant received multiple injuries and was taken to PGIMS, Rohtak. FIR dated 23.7.2014 was registered at Rohtak. The claim petition was filed and the same was dismissed by the Tribunal holding that the claimant has failed to prove the involvement of the offending vehicle i.e. (auto rickshaw) in the accident.

(3.) I have heard learned counsel for the parties and perused the paper book and record.