- (1.) This first appeal from order arises out of the order dated 7.10.2006 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 7, Ghaziabad in Motor Accident Claim Petition No. 109 of 1997, Sohan Pal Singh and others v. Manager. New India Assurance Co. Ltd. and others by which the aforesaid M.A.C.P. No. 109 of 1997 has been dismissed. Heard learned counsel for the appellant and perused the record. Learned counsel for the appellant vehemently argued that the impugned award is against the facts and record. The evidences adduced before the Tribunal clearly proved that the appellant received injuries in the accident so the contrary findings of the Tribunal are not sustainable; that the Tribunal has erred in holding that the appellant is not entitled to any compensation. Lastly, it was submitted that the Tribunal having been found that the accident has occurred, so it was incumbent upon the Tribunal to at least award minimum compensation to the appellant.
(2.) We find from the findings recorded on issue No. 1 as well as from operative portion of the award of the Tribunal that it has recorded categorical findings of fact on the basis of oral as well as documentary evidence that the appellant has not received any injury in the accident occurred on 24.12.1994. The relevant portion of the finding recorded by the Tribunal on 7.10.2006 is as under:
(3.) It appears that the claimant had been trying to sustain her claim on the basis of some forged documents. In her cross-examination she stated that she had been admitted in the Government hospital and in the Nursing home but she was unable to tell the names of the Government hospital and the Nursing home. No documentary evidence has been filed before the Tribunal from which it could be established that the appellant had been admitted in the hospital for treatment of the injuries received in the accident.;