1.0 This appeal is directed against the judgement and award dated 03.03.2004 passed by the learned Motor Accident Claims Tribunal, Nadiad, in Motor Accident Claim Petition No. 47 of 2000 whereby the Tribunal has dismissed the claim petition.
2.0 According to the claimants, Kanaksinh Motisinh Chauhan, while driving the truck met with an accident on 15.12.1999 when he was going from Amrapur to Siddhi Cement Factory. In the accident he died and therefore his legal heirs filed the aforesaid claim petition claiming compensation in sum of Rs.4,42,300/. The said application came to be rejected against which the present appeal has been filed.
3.0 Learned Advocate appearing for the appellant submitted that the accident had occurred on 15.12.1999 at 21 hours and FIR was filed on 16.12.1999. According to him the brake of the truck has failed and the deceased fell down from the truck and sustained injuries and therefore he died in the vehicular accident. He further submitted that the Tribunal has grossly erred in holding that the accident is doubtful in spite of the fact that FIR was filed and Panchnama was prepared.
4.0 As a result of hearing and perusal of the record certain aspects area not in dispute. The complaint was filed on 16.12.1999. In the complaint the complainant stated that he along with the driver was traveling in the truck. When the truck reached Amrapur village, near Vrundavan Hotel, the brake failed and saying so, Kanaksinh jumped from the truck. According to him the truck went to a field and became stationary there.
5.0 There are different versions about the same incident. The companion in the truck remained in truck and the claimant is said to have jumped from truck. No injury was caused to the companion. The Tribunal has therefore rightly raised suspicion about the incident in question.
6.0 Thus, the appellants failed to establish their case before the Tribunal. The appellants could not persuade this Court to take a different view of the matter. I am in complete agreement with the reasoning adopted and findings arrived at by the Tribunal. No case is made out. Appeal is dismissed with no order as to costs.
(K.S.JHAVERI, J.) niru*