SURJA SARKAR Vs. RUBI MITRA (CHAKRABORTY) AND ORS.

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the award, dated 11.11.2010, passed by the Learned Motor Accident Claims Tribunal, Court No. 3, West Tripura, Agartala in Case No. T.S. (MAC) 222 of 2008 whereby he dismissed the claim petition fled by the claimant under section 166 of the Motor Vehicles Act.

(2.) THE petitioner fled a claim petition alleging that on 11.04.2007 at about 1.30 p.m. he was proceeding towards Kachucherra Bazar through Salema -Kachucherra road on foot. When he reached at Kachucherra Colony in front of Colony School, one Maruti Zen bearing No. TR -01 -F -0698 coming from Kachucherra Bazar side towards Salema dashed into the claimant.

(3.) THE Learned Tribunal rejected the claim petition holding that the claimant had failed to prove that he received injuries in a Motor Vehicle Accident. Though the accident had allegedly taken place on 11.04.2007, the complaint was lodged with the Kachucherra Police Station after 7 months on 28.11.2007 by the brother of the complainant.