This Appeal is at the instance of a claimant in a proceeding under the Motor Vehicles Act, 1988 and is directed against an order dated August 10, 1994 passed by the Motor Accident Claims Tribunal [Main], Junagadh ["Tribunal"], in Motor Accident Claim Petition No. 336 of 1989, thereby dismissing the claim application filed by the appellant praying for compensation for the injuries allegedly suffered by him in the accident.
It appears that by a common judgment, the Tribunal below has disposed of not only the M.A.C. Petition No. 336 of 1989 but also another claim application being M.A.C. Petition No. 335 of 1989 filed by some other persons in respect of death of another occupant of the selfsame vehicle arising out of the same accident.
The Tribunal below dismissed the claim application on the ground that in both the matters, the claimants could not prove that the alleged vehicle was the offending vehicle and was involved in the accident.
Being dissatisfied, apart from this Appeal, another appeal being First Appeal No. 7414 of 1995 was filed before this Court by the unsuccessful applicants in other M.A.C. Petition No. 335 of 1989, but the selfsame order passed by the Tribunal below has been affirmed by this Court vide judgment and order dated December 20, 2011 passed in First Appeal No. 7414 of 1995. After going through the materials on record, I do not find any reason to arrive at a different conclusion than the one taken in the other First Appeal No. 7414 of 1995. It appears that in the FIR, the registration number of the alleged offending vehicle was not mentioned and the owner of the vehicle, by production of the evidence has sufficiently proved that the vehicle in question at the relevant point of time was lying in the garage for repairs.
In such circumstances, the Tribunal below, on the basis of the materials on record rightly disbelieved the assertion of the claimants that the said vehicle was really involved in the accident.
On the basis of the above evidence, I am also of the same view. I, therefore, do not find any reason to interfere with the just findings of fact recorded by the Tribunal. This Appeal is thus devoid of any substance and is consequently dismissed. In the facts and circumstances of the case, however, there will be no order as to costs.
[BHASKAR BHATTACHARYA, ACTING CJ.] pirzada/-
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