MATU RAM Vs. RAJ KUMAR @ LILA

JUDGEMENT

(1.) This appeal has arisen from award dated 23.05.2011 passed by Motor Accident Claims Tribunal, Bhiwani (for short 'the Tribunal').

(2.) On 11.11.2009 at about 4.00 p.m, Matu Ram alongwith Ishwar Namberdar, Om Parkash, Sarpanch and Babu Lal Khatik were playing cards at shop of Matu Ram. An accident took place as a result of which Matu Ram and Babu Lal Khatik received injuries. Matu Ram was taken to General Hospital, Bhiwani. His MLR was issued on 16.11.2009 and on receiving rukka from the hospital, FIR was lodged on 17.11.2009. Matu Ram suffered fracture on his right hand apart from other multiple injuries.

(3.) A claim petition was filed under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act'). The Tribunal dismissed the claim petition as the appellant failed to prove the involvement of Marshal Jeep bearing registration No. HR-26-E-6482 (for short 'the offending vehicle'). Aggrieved by the dismissal of the claim petition, the present appeal has been filed.