i^^vo HIGH COURT OF CHHARTTJSGARH AT BILASPUR Coram:" Hon'ble Mr. T.P. Sharma & Hon'ble Mr. R.N. Chandrakar, JJ Appellant Ciaimant Respondents IVSisc. Appeal (CVNo.1559/2009 Bharat Nirmalkar, S/o Ravi Shankar Nirmalkar, aged about 18 years, R/o Village: Uhiriya, Tahsil & District: Dhamtari (CG) Versus 1. Rajendra Kumar Viswakarma, S/o Surit Ram, aged about unknown, R/o Village: Dugli, Potice Station: SJhava, Tahsil : Nagri, District Dhamtari (CG) Drsver of the offending vehicie Truck NO.CG/04/ZC/1273 2. S.K. Gupta, S/o ;Shri Kailash Chandra Gupta, aged about: Unknowwn, R/o Village: Sihava Ghowk Dhamtari, Tahsii & District Dhamtari (CG) Owner of theoffending vehicle Truck No.CG/04/ZC/fl 273 3. Branch Manager, The Orienta! Insurance Company Limited, Near \ Gurudwar, Balak Chowk, Dhamtari, District: Dhamtari Insurer of the offending vehicle Truck NO.CG/04/ZC/1273 ADpeaI underSection 173 of the MotorVehicle Act 1988 Present: Shri Chhabiial Patel, counsei for the appeilant. OraIOrder (Passed on 3rd of February, 2010) Per Hon'ble Shri T.P. Sharma. J Heard on admission. (2) By this appeal under Sectlon 173 of the Motor Vehicles Act, 1988, the app6i!ant has challenged the iilegaiity and propriety of dismissa! of the award dated 30.09.2009 passed by the Motor Accident Ciaims Tribunal (henceforth the 'Tribunai'), Dhamtari in claim case No.133/2008, whereby the Tribuna! has dismissed the claim on the ^ ground that the appellant has not received any injury on account of the motor accidentoccurred on 07.01.2R08. (3) We have heard Shri Chhabilai Patel, learned counsei for the appeiiant, perused the impugned award and the records of Court below. After providing an opportunity of hearing to the parties, the Tribunal has dismissed the daim petition fiied on behalf of the appellant for grant of compensation on account of motor accident occurred on 07.01.2008. The Tribunal has dismissed thepetition on the ground that oral and documentar/ evidence filed on behalf of the appeliant reveals that ihe appellant had sustained injury on 06.01.2008 at about 10.00 p.m. Le. much before the tjme of the alieged accident and therefore, the appellant is not entitled for compensation. (4) The orai and documentary evidence filed on behalf of the appeilant clearly reveals that the accident took piace on 07.02.2008 at about 8.00 a.m. But, prior to the said accident, i.e. on 06.01.2008, the present appellant received injury on his ieg at 10.00 p.m. and was admitted in Christian Hospitai, Dhamtari. It isstated in the medlcal report aisothat the appeilant has not received any injury due to the motor accident. Cs Priya (5) !n view of the above, we are of the considered opinion that the Tribunai has rightly dismissed the claim petition fiied on behalf of the appellant. We find no illegality or pen/ersity in the impugned award warranting interference in exercise of revisional jurisdiction. The appeal is iiabie to be and is accordingly dismissed 'm Smine. No order astocosts. Sd/- T.P. Sharma Judge Sd/- R.N. Chandrakar Judge