IN THE HIGH COURT OF CHHATnSGARH AT BILASPU]^^/ M.A N6. ^^ /2005 APPELLANT ^CLAIMANT ^hotelal Pandey, S/o. Brindraram Pandey, Aged about 36 years, QGCUpation-Agriculture, R/o. village Patna, Present Address village Nareshpur, P.S. & Tahsil 8uraJpur,-DisferiGt Surguja (C. G.). VERSUS RESPONDENTS ^NON-APPLICANTS ^ ?' (^ -w^ ^s^f ^. wy / ? /^ ^"^y Shivnarayan, S/o. Ainarsay, Aged about 26 years, Gccupation- Driver, R/o. yjllage Agrastpur, P.S. & Tahsil Surajpur, Distt. Surguja (C.G;). (DRIVER) Jawaharlal Gupta, S/o. Late Rajailal Gupta, Aged about 45 years, Occupation-Business, Owner of the vehicle, R/o. Mam. Road, Surajpur. P.S. 8s 1'ahsil Surajpur, Distriet Surguja (C.G.). .(OWNER) ^ . National Insurance Coinpany JJLmited, Through Division Manager, Korba, Distt. Korba (C.G.). . . . (INSURER) ' XI-HC—78 sn^[^i f<-fi+ WIT SSt^V shWah ^ vfmvn SbNI«h 3^ •<ii*ii<riq, yTi1y<i(o, fsK'ii'yy (v\^^o. 2-yo/°S~ ?N?-;--"'":"----"""""-""""t^200 3ii^T'(ra^7 (yit^iiyT) ?^<iiw(ift?i aii^r HIMcii' ^ fs'st t^-trilt ^TSJRFiSni^ SB: HON. SHRI JUSTICB 3*<.K. AGARWAL 19-11-2009 SIiri Ashok Kumar Shi Shri Raj Awasthy, Advl 2. AppeUant/ clatmant ]|ias prefcired this appeal against tfae award dated 25-11-200 Accident CIauns Tribunal, ikla, Advocate, for fhe appellant. for fhe respondent No. 3. t passed by IIIrd Additional Motor SUrajpiir (FTC), Distt. Sarguja passed in Claim Case No. ^2/2002 preferred by the claioiant under Section 166 of the I|Iotor Vehicles Act, 1988 whereby and whereunder (he claim t'etition of fhe appeUant has been disiuissed. 3. As per claimant's ver^ion, on 24-10-2000 at about 7.1 hrs., fhe claimant along wif^i several other persons was going in a jeep bearing Registo SuT^pur to Banaras. The j( •ation No. M.P.-27-A-5882 from ep met with an accident ia publlc road of forest of Rabortsgs due to rash and negligei) Shivnarayan / respondent| sustained grievous injuries.| 4. Leamed Tribunal on ;^nj, P.S. Ahraura, Distt. Mirjapur dismissed the claim on fhe to prove injuries sustained |n fhe accident. it drivtr^ by driver of the jeep No. 1, as a result of which, she a close scrutiny of the niaterial avaUable on record and s|ubmission made by the parties, ground fhat the claimant has ffled fft^ .f-;.V^^^ !^^^'.:^:. SsS'!!S's';'& <^^^^c'' •T 3ii^nwR-f wrsirtwaCTN? &. ~SS^ '-WflWr, eifllt-i'is, fdt-fi+f'y. aii^t <ftw C^g^i) gwwtffiw sn^w 4. Shri Ashok Kumaf' Shukla, leamed counsel for th.e appeUant argued that fh^ appeUant sustained serious uyuries and the leamed TribunaJI the appellant on the grofund that he has failed to prove the injunes. 5': Per ctintra, Shri Aw|asthi,'leanied counsel appearing for thSitSes.pon.dent no. 3 s that no material has *i^id<u:i iiwrfi' ^f fs<s <r«i<<i< ^siRm'an^ has erred in dismissing the claim of Lipported the impugned award and submits that it is based ojn the material available on record. ^ -6. I haye heard leame^. counsel for the pardes and peinsed 3 -;);-;.AffiteaEtpiigned a'iyard. 7.. Leanied Tribunal iiji para 9 offhe award has observed been placed on record regarding Creatment of claunant CMiotelal at any hospital of Banai^s or District Hospital, Ambik^pur and no MLC report has been filed about injuries sustejiaed by fhe claimant. Therefore, the leamed Tribunal has rightty dismlssed the claim of the appellant on the ground that he has failed to prove his injuries to be sustained in the accident. 8. Therefore, the app0al has no merit. The saine deserves to be and is hereby disniissed. 1 .. Sd/- 1 TM.K.Agarwal € Judge ^-T^.n ^^w ^K^i^V^^^^—!''S/<>5—1 1 /200is—i.OO.O&O.