IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH M.A. (Ct No. / 2008 D.B. f'W< Appellant Claimant Before the Tribunal -.a.W8""..^?y ^?".»^^"n^-V^e^ »y- .0- Vikash Kale, S/o Late Shri Maruti Rao, aged about 27 R/o Lavan P.S. Baloda Bazaar Distt Raipur (C.G.) VERSUS RESPONDENT NON-APPLICANT Before the Tribunal Lekhram S/o Shri Suderam Anant aged about 48 years, . R/o Laval P.S. Kashdol Distf. Raipur (C.G.) Manish Kale S/o Late Shri Maruti Rao Kale, aged about 30 years, R/o Laval P.S. Kashdol Distt. Raipur (C.G.) Owner ofthe Mini Bus No. C.G. 04/ZA/0626 The New India Insurance Company Limited Branch Office Main Road Baloda Bazaar C.G. Insurer of Mini Bus No. C.G. 04/ZA/0626 MISC APPEAL UNDER^ECTION 173 OF THE MOTOR VEHICLE ACT f^ '^s^. "%;' -'%teA HIGH COURT OF CHHATTISGARH : BILASPUR M. A^fCLNo, _1352_of20D8 Appellant Vikash Kale Versus Respondents Lekhram & o1:hers M!SC_^APPEAL_UNDER SECTION 173 OF THE MOTOR VEHICLES ACTJ988 DB: Hon'ble Shri I. M. Quddusi 8s Hon'ble Shri G. Minhajuddin, JJ Shri L. C. Das, Advocate for the appellant. None for the respondents No. 1 and 2. Shri A. K. Athaley, Advocate for the respondent No. 3. ORDER (Oral) ( Passed on this 30th day ofJune, 2011 ) PerI. M. Quddusi J. The instant appeal, fjled by the appellant/claimant, arises from the award dated 7th May, 2008, passed by fhe Second Additional Motor Accident Claims 'lribunal, Baloda Bazar, in Claim Case No. 80/200.6. The facts, in brief, are that injured Vikas Kale filed Claim Case No. 80/2006 under Section 166 of the Motor Vehicles Act, 1988 for award of a total compensadon of Rs. 4,70,000/- on the ground that on 18.12.2005 when he was going to his village .Lavan from Raipur by Mini Bus, bearing registration No. C.G. 04-ZA/0626, due to rash and negligent driving by non-applicant No. 1 the mini bus turned turfle. In that accident injured/claimant received various injuries. First aid was given to him in fhe Government Hospital, Kharora and thereafter he took treatment at Raipur in a private hospital of Dr. Mishra. ./•• ' • .^" Leamed Claims Tribunal having regard to the facts situation and the evidence on record dismissed the claim petition finding that it was not proved that the injured/claimant received injuries in the alleged motor accident. We have heard learned counsel appearing for the parties and perused the record. The claimant/appellant allegedly as an injured person filed the claim pedtion but the Claims Tribunal has disraissed the same on the ground that the claimant could not prove that the treatment in question was taken as a result of the injury caused in the alleged accideht. We have also perused the papers on record and found that the claimant himself has stated that on 18.12.2005 he was referred to Government Health Center, Kharora and after one hour he was sent to Mishra Hospital at Raipur. The admission ticket shows that the claimantwas admitted in Mishra Hospital on 19.] 2.2005 and not on 18.12.2005, therefore, there are contradictions in the statement and the documents filed by the claimant. Further, no M.L.C. was conducted on the date of the accident to show that the clairaant/appellant was first taken to the Governinent hospital and thereafter referred to the private hospital. Therefore, there is no good ground to interfere in the impugned award. In view of the foregoing, the appeal has no force and therefore it is dismissed. No order as to costs. Sd/- l.M.QUddusl Judge G. in Jud&e Thakur