(1.) Claimant, an injured having suffered injuries on his body in an accident, has felt aggrieved of an award which rejected his claim. In the opinion of Tribunal, the claimant failed to prove that the accident was due to rash and negligent driving of offending vehicle driven by respondent No. 1 at the relevant time. The learned Member of Tribunal also was of the view that claimant could not prove any injury muchless permanent which may have resulted in any disability. On these 2 findings which are the only material in this type of cases, the claimant has been non-suited and hence this appeal. The impugned award is dated 1.9.1997. It is passed by IIIrd Additional Motor Accident Claims Tribunal, Dewas in Claim Case No. 46/90.
(2.) Claimant is engaged in the business of contractorship. He also does some agriculture. On 19.11.1988 he was coming on his motor cycle from his village Bagar to Dewas when on one turning one Matador bearing No. MBO 6613 driven by respondent No. 1 came from opposite side i.e., from Dewas side and dashed with claimant s motor cycle resulting in certain injuries to the claimant. This incident led to filing of claim petition by the claimant claiming compensation for the injuries and the resultant loss. As stated supra by impugned award, the learned Member of Tribunal dismissed the claim petition holding that negligence and rashness on the part of driver of Matador could not be proved and secondly the injury and the resultant loss.
(3.) Heard Mr. Rajesh Lal learned Counsel for the appellant (claimant) and Mr. Swami learned Counsel for respondent No. 3.