BHASKAR BHATTACHARYA, J. - (1.) THIS appeal is at the instance of an unsuccessful applicant under section 166 of the Motor Vehicles Act and is directed against an order dated 30th April 2005 passed by the Motor Accident Claims Tribunal, (Aux.), Fast Track Court No.2, Bharuch in MACP No.170 of 1994 thereby rejecting the claim of the appellant on the ground that the appellant failed to prove that the respondent's vehicle was involved in the accident.
(2.) ACCORDING to the case made out by the appellant, on 18th August 1993, while the appellant was driving his own scooter and was going to his house, a tempo bearing registration No.GJ -16 -T -7331 came rashly and dashed with the vehicle of the appellant, as a result, he sustained injury. Thus, an amount of Rs.1 lakh was claimed as compensation. In spite of service of notice, neither the owner, nor the driver of the tempo contested the proceeding by filing any written statement, though they appeared in the proceeding. The Insurance Company, however, opposed the application by taking leave under section 170 of the Motor Vehicles Act.
(3.) AT the time of hearing, the claimant alone gave evidence in support of his claim.;