RUKMU DEEN Vs. KISHAN SINGH KUNDLAS

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act is directed against the award, dated 1.9.2005 of learned Motor Accident Claims Tribunal, Sirmaur at Nahan, whereby claim petition filed by the appellant, seeking compensation in respect of injuries sustained by him, in an accident of truck No. HP-18-4841, owned by respondent No. 1 and insured with respondent No. 3, has been dismissed.

(2.) Appellant-claimant pleaded that on 30.12.2003, when he was going to his place of work and reached near village Matralion, Tehsil Paonta Sahib, a truck, bearing registration No. HP-18-4841, which was being driven by respondent No. 2, Amar Chand, appeared from factory side and a plank sticking out of that truck, hit him, because of which he sustained multiple injuries, resulting in his permanent disability. He claimed Rs.8,00,000/- by way of compensation. Owner and driver of the truck denied the involvement of the truck, in the accident. Insurer took the plea that driver did not possess a valid and effective driving licence.

(3.) Parties went to trial. Learned Tribunal held that the driver possessed a valid and effective driving licence. However, learned Tribunal held that there was no evidence, connecting the truck, in question, with the alleged accident and, therefore, dismissed the claim petition.