A.C. SHARMA Vs. NARAIN DEVI

JUDGEMENT

(1.) THE present appeal has been filed by the appellant-claimant under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act) challenging the award dated 19.8.99 passed by the MACT, Jaipur City, Jaipur in MAC No. 246/92 whereby the Tribunal has dismissed the claim petition of the appellant-claimant.

(2.) IT has been sought to be submitted by the learned counsel for the appellant Mr. Sandeep Mathur that the Tribunal has mis-appreciated the evidence on record and dismissed he claim petition. According to him the FIR was not lodged as the vehicle in question was being driven by the brother of the appellant and the appellant was sitting as pillion rider on the said motorcycle. He also submitted that merely because the FIR was not lodged, it could not be said that no such accident had taken place.