MAHENDRA SINGH Vs. KALYAN SAHAI AND ORS.

JUDGEMENT

(1.) This appeal has been preferred on behalf of ppellant Mahendra Singh, owner of truck No.RJ-02-0006 against the award passed by the learned Motor Accident Claims Tribunal, Alwar vide judgment dated 11.11.98 whereby claim petition of the appellant-claimant for the damages caused to his truck was dismissed.

(2.) Learned counsel for the appellants submits that his truck, stated hereinabove, was standing in the police custody on the road side after being dashed by a jeep in the accident. The truck was again dashed from behind by the offending truck no.RNG- 2827 while standing in stationary condition, resulting to extensive damage to the truck. It is also submitted that the learned Tribunal has erred in dismissing the claim petition of the claimant on the ground that the appellant could not establish the accident caused with the jeep. It is also submitted that he wants to produce evidence on the point by producing mechanical inspection report etc. On the point to establish that how much damage was caused by which vehicle and case may be remanded.

(3.) Per contra, learned counsel for the respondents supported the judgment of the Tribunal and submitted that the learned Tribunal has taken into consideration evidence adduced during inquiry and has awarded adequate compensation and calls for no interference. It is further submitted that damage to the truck owned by the appellant was already caused in the accident with the jeep and not by the vehicle which is insured with them.