1. By way of this appeal, the appellant- original claimant has challenged the judgment and award dated 03.06.1999, passed by the Motor Accident Claims Tribunal(Auxi.), Jamnagar, in M.A.C.P. No. 324 of 1992, whereby the tribunal has dismissed the claim petition.
2. The brief facts leading to filing of this appeal are that on 28.2.1992, one Ashoksinh Bhupatsinh Jethva, appellant herein was coming on his scooter. At that time one motorcycle bearing registration No.GJ-3-7700, came from opposite side with full speed and dashed the scooter of the appellant. As a result of the said accident, the appellant, sustained grievous injuries and therefore, he filed claim petition being M.A.C.P. No.324 of 1992 before the Motor Accident Claims Tribunal, for compensation. The Tribunal after hearing learned advocates for both the parties and after recording the evidence has dismissed the claim petition against which the present appeal is filed by the appellant-original claimant.
3. Learned counsel for the appellant contended that the tribunal erred in dismissed the claim petition with being framing any issue. The tribunal failed to appreciate the material on record in its true perspective. Therefore, he has prayed to allow the present appeal.
4. Learned counsel for the respondents supported the impugned judgement and award of the Tribunal and submitted that the Tribunal after considering the evidence on record has passed the impugned judgment and award. Therefore, he prayed to dismissed this appeal.
5. I have heard learned counsel for the parties. Earlier this matter was heard at length, thereafter the matter was adjourned time and again with a view to enable learned advocates to produce on record the evidence. I have perused the material on record. I find that the complaint was filed after 19 days of the accident. The Tribunal while deciding the claim petition has given cogent and convincing reasons to dismiss the claim petition. Though the appellant was from the police department he has lodged the complaint after 19 days of the accident. Further, the evidence qua involvement of motorcycle is doubtful, the same does not prove the accident. Therefore, I am in complete agreement with the reasoning given by and the conclusion arrived at by the Tribunal and hence, I find no reason to entertain the present appeal.
6. In the result, this appeal is dismissed. No order as to costs.
pawan [K.S. JHAVERI,J.]