1.0 This appeal is directed against the judgement and award dated 9th April 2009 passed by learned Motor Accident Claims Tribunal, Fast Track Court No.3, Himmatnagar in Claim Case No. 946 of 2004 whereby the Tribunal dismissed the claim petition.
2.0 The claimant was working as Cleaner on Truck bearing No. GJ 9T 5886. On 30.7.2003 in an accident the claimant sustained injuries of burns, amputation of fingers, thumb, etc on account of electric shock during his employment. He therefore claimed a sum of Rs.3 lacs by way of compensation. The said claim petition came to be dismissed against which the present appeal has been filed.
3.0 Learned Advocate for the appellant submitted that the claimant sustained injuries in vehicular accident; that the claimant had climbed on the truck and at that time the driver of the truck took the truck ahead and the claimant came in contact with live wire of electricity and sustained injuries and therefore the Tribunal ought to have allowed the claim petition.
4.0 As a result of hearing and perusal of the record it is evident that the Tribunal has considered the matter at length and in depth. The finding of the Tribunal is as under:
“32. Therefore, it is clear that the truck was not in motion as it was already parked, and applicant alone was doing the work of unlocking knots of ropes above the truck and at that time, his hand touched the electric wire and therefore he suffered electric current. Therefore, there appears to be no involvement of the motor vehicle. Hence, the applicant has failed to prove that he sustained injuries in a motor vehicular accident arising out of the use of the motor vehicle. In my humble view, the basic and prima necessity of proving the involvement and use of the motor vehicle for awarding compensation under Sec.163A of the Motor Vehicles Act, 1988 is not satisfied by the applicant. Therefore, this Tribunal is compelled to hold that the applicant is not entitled to compensation amount under the provision of Sec.163A of the Motor Vehicles Act, 1988.”
5.0 Thus, it was proved that the accident has occurred while he was unlocking knots of the ropes above the truck and there was no involvement of the motor vehicle. I am in complete agreement with the reasoning adopted and findings arrived at by the Tribunal. The appeal is therefore dismissed.
(K.S.JHAVERI, J.) niru*