MADAN LAL Vs. JAGDISH

JUDGEMENT

(1.) THE appellant - claimant is aggrieved by the award dt. 07.05.2005 passed by the Motor Accident Claims Tribunal, Tonk, whereby the learned Tribunal has dismissed the appellant's claim petition. Briefly, the facts of the case are that on 21.05.1999 the appellant, along with others, was going to village Naner by truck bearing registration No. RJR 5355. The truck was being driven rashly and negligently by the driver Jagdish. Subsequently, the truck overturned; the passengers sustained injuries. Since it was a vehicular accident, separate claim petitions were filed by the injured persons before the learned Tribunal. However, the appellant, Madan Lai, neither produced any documentary evidence, nor examined any witness. The learned Tribunal, therefore, concluded that he was not entitled to receive any compensation as he failed to prove his claim. It, therefore, dismissed his claim petition. Hence this appeal.

(2.) MR . Praveen Jain, the learned counsel for the appellant, has vehemently contended that the factum of accident was proved by the testimonies of other witnesses. Moreover, the appellant's injury report was submitted before the Tribunal. But, it was not marked as an exhibit. But even then, the learned Tribunal is not justified in dismissing the claim petition. Lastly, that the learned Tribunal is not justified in directing the interim compensation paid to the appellant to be recovered from him.

(3.) HEARD the learned counsel and perused the impugned award.