1. Heard learned advocates for the parties and perused the papers on record.
2. The appellant herein has challenged the award dated 04.02.2000 passed by the Motor Accident Claims Tribunal Ahmedabad in Motor Accident Claims Petition No. 204 of 1995 so far as the Tribunal dismissed the claim petition.
3. The appellant had filed claim petition seeking compensation to the tune of Rs. 1,35,000/- for the vehicular accident which occurred when he was proceeding on his bicycle from his house. At that time the offending vehicle came from behind and hit his bicycle as a result of which he fell down and sustained injuries. The Tribunal after hearing the parties passed the aforesaid award.
4. Mr.
Thakkar, learned advocate appearing for the appellant submitted that the Tribunal failed to take into consideration the entire facts of the case and evidence on record and thereby erred in dismissing the claim petition. He submitted that the Tribunal has erred in rejecting the claim petition of the appellant in toto on the ground of non involvement in the accident of the particular bus mentioned in the claim petition.
5. Mr.
Adil Mirza, learned advocate appearing for Mr. Marshall for the respondent supported the award passed by the Tribunal and submitted that no interference is called for in the matter. He submitted that the Tribunal has rightly come to the conclusion that the appellant failed to produce any evidence qua the involvement of the bus in question.
5. As a result of hearing and perusal of records, this court is of the view that considering the evidence on record and the facts and circumstances of the case, the Tribunal came to the conclusion that in the FIR Ex. 22 the body number and the route number are not disclosed. The owner of the tea stall is not examined to whom the bus route number and bus number was allegedly said to be handed over by the eye witness. The Tribunal has also considered certain points in para 10 upon which the witness Ex. 24 in his cross examination had admitted. Nothing is pointed out before this Court to take a contrary view. This court is in complete agreement with the reasonings adopted and findings arrived at by the Tribunal and therefore do not see any reason for causing interference.
6. In the premises aforesaid, appeal is dismissed. It shall be open to the claimant to file appropriate application under Section 163 of the Act. No costs.
(K.S.
JHAVERI, J.) Divya// Top