THE HIGH COURT OF JUDICA1URE AT BIL*SniR?Cje) MISCEUAMEOUS APPEAL N0^/2004 APPEUJWT /CLAINWT /(i) Keshav Ram Rajak S/o Sampattaf Rajak, Aged about- 39 years, R/o - Shitfa Rara, Simga, Tahsil Baloda, Bazar, Distt - Raipur C.G. RBPONDENT APR-ICANTNCT1 <^. y^/ ••^^" ^ ;^~ •»' /v^ VERSUS yl) Ashok Kumar S/o HiialalSharma Occupation - Mini Bus, R/o Simga, Tahat-BakxJa Baar, Distt RaipurC.G. ~^^ ^\ v. A) Sa'yad ^id Ni SA»Kudus Ali '^y'^^y' ^ Occupatton Mini Bus Owner, R/o, Keikarpara, Raipur, Tahsit & Distt-RaipurC.G. Omprakash Tiwari S/o Lalnran Tiwari, R/o Gali No.l; Near - Kailash-Mi(l,Faiadih Raipur,Tahsil & Dirtt Raipur, MistBUaneous ARBeal under/iBecUun 173 Motor Wehfcte Act 1988 HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH: HON'BLE MR. I.M.QUDDUSI & HON'BLE MR.NAWAL KISHORE AGARWAL. JJ Appellant Respondents M.A. No.361/2004 Keshav Ram Vs Ashok Kumar & others Present: Mr. Sanjay Bhargava,Advocate for the appeltant. Mr. Santosh Bharat, Advocate for respondent No.3. Judament fOral) (7tnSeptember, 2010) .M. Quddusi. J; 1. Heard. 2. The appetlant-claimant has filed this appeal against the award dated 06.12.2003 passed in Claim Case No.61/2002 whereby the learned 3rd Additional Motor Accident Claims Tribunal, Raipur (CG) has dismissed the ctaim petition of the claimant. 3. Brief facts of the case are that in the night of 13.3.1999 in mini bus bearing registration No.MP23-B-7621, which was coming from Raipur and going towards Simga, theappellant-claimant was traveling as passenger. The said mini bus turned turtle near Village Orthi at about 9.30 p.m. as a result the appellant- ctaimant sustained grievous injuries over his person. The appellant was taken to the Primary Health Centre, Simga for treatment and thereafter he was admitted in the hospital of Dr. Rohit Mishra for treatment. Areport of the incident was also lodged in the Police Station Simga upon which offence under Sections 279, 337, 338 of the IPC was registered under Crime No.36/99 and charge sheet was also filed in the Court of the learned Judiciat Magistrate. On account of injuries sustained by the appellant in the said accident, he has claimed compensation to the tune of Rs.7,30,000/- on various heads. 4. The claims tribunal after marshalling the evidence available on record has recorded the findings that from the evidence of Df-^s Rohit Mishra (AW-2) and X-ray Report (Ex.P-5) adduced by the ^a. ;ii iutie»-»u'ifiBf<mHh[iinT>i'"iii"iirTii]iiuiii If^""- :-i, f l;j ll'.-.Nlfl'l -.,,.,'r1 Rp^ha n/- 2 appeliant, it is not established that appetlant had sustained the injuries in that very accident. Even the appellant has not examined any eyewitness of the incident. Further, the appellant has also not produced any evidence to establish that on the fatefuf night he was traveling in the said vehicle as passenger. In the first information report of the incident also there is no mention about the injuries sustained by the appellant or the fact that the appeliant was taken to Primary Health Centre for treatment. Accordingly, the claims tribunal has dismissed the claim petition by holding that the appellant has not been able to establish his case and therefore, he is not entitled for any compensation. 5. We have heard learned counsel for the parties ahd perused the impugned award as also the record ofthe ciaims tribunat. 6. On careful and minute examinationof the entire evidence, we find that though the appellant has stated in his claim petition that he was sent to Primary Health Centre, Simgi for treatment, but in support he has neither examined the doctor of Primary Health Centre, Simgi who gave primary treatment to him nor produced any document in this regard. Further, from the evidence of the doctor examined by the appellant it is not established that the appeilant sustained the injuries in that very accident. Therefore, we see no illegatity or impropriety in the impugned award passed by the claims tribunal concerned. 7. On the basis of aforesaid analysis.we are of the opinion that the instant appeat has no substance, the same deserves to be and is hereby dismissed. No order as to cpsts. _1_1__ Sd/- I.M.Quddusi Judge Sd/- N.K. Agrawal Judge