% a; w wk‘aL J 9 ‘ ??§‘~ w ‘ a-wa‘r‘w‘ / EVQV ”3", IN THE HIGH COURT OF CHHATTISGAR AT BILASPUR MISC. APPEALNO. / é ‘6 /2004 givismn Benah Appellant Sanjay Slngh Thakur (Ciaimant) S/o Late Shr1 Ramsmgh Thakur Aged abot 35 years R/o Ba11a Bazar, At present Motl Talab Para Jagdalpur Dist : Bastar—(C.G.) Vesus r Rn . Bholaram Chandrakal Non-Applicants) S/o Phool Singh Chandrakar Aged about 26 years, R/o Gudyari, P.S.Gudyari, Dist : Raipur-(C.G.) Shyamlal Agarwal S/o Mad'anl'al Agarwal, R/o Bajrang Complex Gudyari, P‘S. : Gudyari, Dist : Raipur-(C.G.) Branch Manager The New Indla Insurance CO Ltd Ralpur Through Branch — Jagdalpur, Dist : Bastar-(C.G.) NH APPE THE MOTOR VEHICLE ACT. . \,/’ . i. n 41 An :nn An H / espodents 1 ( SC AL U/S 1%F . HIGH COURT OF CHHATTISGARH AT BILASPUR M.A. No. 168/2004 APPELLANT Sanjay Singh Thakur ' Versus RESPONDENTS Bholaram Chandrakar and others HON’BLE SHRI I M QUDDUSI 85 LW PRESENT — Shrl Santosh Bharat Advocate for the appellant Shrl Ratan Pustl Advocate for respondent No 2 Shaurabh Sharma Advocate for respondent No 3. o RA L o R D E R (7—9-2010) Per LM. Quddusi, J 1. This petition has been filed by the appellant/claimant against the award dated 1541—2004 passed by the Ist Additional Motor Accident Claims Tribunal, Basta at Jagdalpur in Claim Case No. 32/2002. Facts of the case, in brief, are that on 30—10-1998 at about 2.15 a.m. in the night, when claimant Sanjay Singh Thakur was going to his home on his Hero Honda motorcycle bearing registration No. MP-25/AA/3000, at that time, a vehicle bearing registration No. MP 23/DA/0508 being driven in a rash and negligent manner by respondent No. 1, owned by respondent No. 2 and insured with respondent No. 3, dashed the motorcycle, as a result of which, he sustained grievous injuries on head, armpit, right hand and on other parts of the body. He was hospitalized in Maharani Hospital. Due to ‘the‘ said accident, the claimant suffered a paralytic attack and became permanent disabled He filed a claim petition under Section 166 read w1th Section 140 of the Motor Vehlcles Act 1988 claiming Rs. 31,08,500/— as compensation for the injuries sustained by him in the acc1dent against the dnver owner and insurer of the vehicle DB J r ]'‘9 Learned Tribunal on a close crutiny of the submission made, evidence led and material placed, dismissed the o cla Learned Tribunal in its judgment has observed at in the F.I.R., number of the offending vehicle is not mtion. The vehicle was seid on 31—7-99 after 9 m'onth of ‘the incident and no explanation has been offered by examining police persons. The evidence of he claimant is contradictory and untrusworthy and it has not been ~ prove that the driver o the vehicle bearing Registration No. MP 23/DA/O508 dashed the motorcycle of t aimant by going on wrong side. The EX. P-6 only shos tat the claiant was discharged on 30—1—1998 and te disability certificate EX. P—5 has not been certified by the d ve indings, the Tribunal has dismissed he claim petition. aving consided the facts and circumstances the -se and material on record, in our opinion, learne r }Iv <1“? im petition. octor concerned or the Medical Board. Based on abo f t H re of ca d Tibunal has rightly arrived at a conclusion that the claimant ha failed t prove his case and the findings rcorded y the Tribunal are based on evidence lable on record. Therefor te appeal being deVOid of bstance, deserves to be dismsed and is hereby dismissed. scu- H I.M.Quddusi i Judge ‘ g\1 i Sd/— N.K. AGARWAL Judge s th ened ze t t d f he cl w h m 0 h s o e b avai e, h su is ,, r