- (1.)THIS appeal under section 173 of the Motor Vehicles Act, 1988 (in short 'the Act') has been filed by the claimant against the award dated 20. 9. 2002 passed by Eighth Motor Accidents Claims tribunal, Gwalior in Claim Case No. 127 of 2001, by which the learned Tribunal dismissed the claim petition and directed the appellant-claimant to deposit the interim compensation awarded by Claims Tribunal amounting to Rs. 25,000 within a period of one month, failing which the insurance company, respondent No. 3, is free to initiate executing proceedings for recovery of the said amount from the claimant.
(2.)BRIEF facts of the case are that the appellant is working as a cleaner in truck bearing registration No. MP 07-G 1093. On 16. 9. 2000, the said truck was going from Bhopal to Gwalior and it was driven by respondent No. 1 very rashly and negligently. Near Kurawar at Bhopal-Byaora road, due to rash and negligent driving by the truck driver, the said truck was overturned. Due to said accident, the appellant received severe injuries on his right leg and his tibia fibula bone was fractured. He was admitted at the Government Hospital, nursinggarh, from where he was referred to Hamidia Hospital, Bhopal. The matter was reported at Police Station, Kurawar. The said police station registered Crime no. 218 of 2000. After investigation, respondent no. 1 was arrested and truck was also seized. Thereafter, challan was filed. Respondent No. 1 admitted the guilt and, therefore, the criminal court imposed fine of Rs. 1,700. As per opinion of the doctor of L. B. S. Hospital and Research Centre, bhopal, lower end of tibia was fractured. Immediately after accident on 16. 9. 2000, he was treated at Narsinggarh and M. L. C. was prepared at 6. 15 p. m. As per M. L. C. , exh. P7, the appellant received the following injuries:
(1) L/w 7 cm x 2 cm x muscle depth lies over lateral surface of right foot. (2) L/w 5 cm x 2 cm x muscle depth lies over post surface of right ankle joint cutting. Tender calcaneus profuse bleeding. Dr. Dubey, who treated the appellant, opined that all the injuries are simple in nature. The appellant was never advised for X-ray. On 17. 9. 2000, he came at L. B. S. Hospital and Research Centre, bhopal. As per Exh. P9, he was admitted on 17. 9. 2000 at 12. 30 a. m. at L. B. S. Hospital and Research Centre, Bhopal. On 16. 9. 2000, he was referred to Hamidia Hospital vide Exh. P 11, but he was never treated there. As per discharge card, Exh. P 12, he was admitted from 17. 9. 2000 to 18. 9. 2000 at L. B. S. Hospital and research Centre, Bhopal. Neither x-ray report was filed by the appellant along with the claim petition before the claims Tribunal nor any X-ray was held either on 16. 9. 2000 or 17. 9. 2000.

(3.)APPELLANT filed a claim petition for compensation of Rs. 7,35,000 under section 166 of the Motor Vehicles Act, 1988.