/'^"^ f 8>!!», '® •s<s%>,, & ""'B M \^ •'•" \. E t' litu>" DIVLSJON, )ATTU,CJ. .S 5HS.VJKH, J. MA. (C) No.421 of APPELLANT : Pratap Singh, aged about 35 years, S/o Sri Lakesvi'ar Slngh Cast- Rajput, R/o Ankira, The.- Kunkuri, Dist.- JasPur Versus 1. Vijay Kumar Patel, aged about 50 years, S/o Sunderial Patel, Cast Aahariva R/'o Vli. Tasiadih, Dlst. Sundergarh (Orissa) 2. Dinbandhu S/o Sri Khedu aged about 32 year R/o Village Alekera, Thana Sadar, Dist. Sundergarh (Orissa) 3. Branch Manager, The New India insurance Company Ltd. Tushar Market Colony, First floor Hospita! Road, Sundargarh (Orissa) ARDeaLynder Section 173f2yofthe MotorVehicje ACL Present: Shri Akhilesh Kumar, counsel for the appellant. th & »»„;[^l The following oral order of the Court v>'as passed by This appeai arises out of an av.'ard passed by the Motor Accident Claims Tribuna!, Jashpur in C!aim Case No.33 of 2005, dated 22-01-2007. Learned Presiding Officer of the Tribuna! after considering the evidence on record has oome to the conciusion thai the appe!lant has failed to prove the naturs of the injuries suffered by him and inspite of this the learned Presiding Officer has thought ft fit to award a sum of Rs.37,073/- with appropriaie interest to the appe!iant, may be by taking a ver/ sympathetic attitude towards the appeliant. 2- (2) It 's expected of the appsllant to prove the injuries suffered by hlm by adducing oral and documentary evidence. !f he has failed to prove the injuries before the Tribunai, it cannot be neld that the Tribunal has committed any error in passing the award oniy to the tune of Rs.37,073/-. (3) Having gone through the orders passed by the Tribunai and also the evldence on record, v.'e are of the firm opinton that the Tribuna! has nct committed any error whatsoever whic'n wouid ca'l for our interference. in vlew of the above, the appeal requires to be rejected and it is rejected. Ordered accordinalv. Sd/- ChiefJustice Sd/- Dilip Raosaheb Deshmukh Judge