THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY M.A.C.M.A.NO.1109 OF 2008 JUDGMENT: This appeal is directed against the award dated 19.09.1996 in M.O.P.No.524 of 1990 on the file of the II Additional District Judge- cum-M.A.C.T., Visakhapatnam {“the Tribunal” for brevity}, wherein the said claim application filed by the appellant herein was dismissed. Heard the learned counsel for the appellant and the learned counsel for the second respondent. Perused the records. The appellant herein filed the claim application seeking compensation of Rs.1,00,000/- for the injuries sustained by him in the motor vehicle accident that occurred on 26.06.1990. According to him, on that day, he was proceeding to Rabaka from Anakapalle on the motorcycle along with his Advocate and when they reached Sankaram Colony, a lorry bearing No.AP 26 T 1035 coming in the opposite direction dashed against the motorcycle resulting in injuries to the appellant and also to the Advocate, who was riding the motorcycle. The appellant claims that he has received bleeding injuries and fracture of right leg. The owner of the lorry remained ex parte. The second respondent-Insurer filed a counter before the Tribunal denying the liability to pay compensation. On pleadings, the Tribunal framed the following issues. 1. Whether the accident occurred and the petitioner sustained injuries due to rash and negligent driving of driver of lorry AP 26 T 1035 and it is owned by 1st respondent herein? 2. Whether the petitioner is entitled to any compensation and if so, to what amount and against whom? 3. To what relief? The Tribunal examined P.Ws.1 and 2 and marked Exs.A1 to A3 on behalf of the appellant-petitioner. No evidence, either oral or documentary, was adduced on behalf of the respondent-Insurer. On a consideration of the evidence on record, the Tribunal held on issue No.1 that the accident occurred due to the rash and negligent driving of the lorry by its driver but the claimant has not sustained any injury in the said accident. On issue no.2, the Tribunal found that the claimant is not entitled to receive any compensation, as he failed to establish that he sustained injuries in the accident. Accordingly, the claim application was dismissed. Aggrieved by the same, the present appeal is filed. The factum of the accident is not disputed and the fact that the accident occurred due to rash and negligent driving of the lorry driver is also not disputed. The only question to be considered is whether the claimant sustained any injuries in the accident so as to enable him to claim compensation. According to the appellant, he sustained fracture of the right leg besides other bleeding injuries. He examined P.W.2, the doctor, who claims to have treated the claimant almost six {6} years after the accident and issued disability certificate, Ex.A3. The claimant has not adduced any medical evidence to show that he underwent any treatment for any injury sustained in the accident. Though he filed Ex.A1, O.P. chit issued by K.G. Hospital, Visakhapatnam, the same does not disclose any injury or that claimant was admitted in K.G. Hospital. The claimant has not examined the doctor, who treated him for the alleged injuries, which he claims to have sustained in the accident. Though he pleads that he underwent treatment for about one {1} month for the injuries, there is absolutely no medical evidence placed on record. The Tribunal has rightly rejected the testimony of P.W.2 and the disability certificate, Ex.A3. The alleged examination of the claimant by P.W.2 and issuance of Ex.A3 was almost six {6} years after the accident. In the absence of any evidence on record, particularly the medical evidence showing that the claimant sustained injuries on account of the accident and that he underwent any treatment therefor, the Tribunal was justified in rejecting the claim of the appellant for compensation. There are absolutely no merits in the appeal and the impugned order does not call for any interference. In the result, the M.A.C.M.A. is dismissed. There shall be no order as to costs. ___________________ (G.V.SEETHAPATHY, J) 25th June 2010 RRB