1. This appeal has been preferred against the judgment and award dated 06.08.1984, passed by the Motor Accident Claims Tribunal [Main], Ahmedabad City in M.A.C.P. No. 251/1983, whereby the said claim petition was dismissed.
2. The facts in brief are that on 22.04.1983 at around 0135 hrs., while the appellant was travelling in his scooter bearing no. GTL-6305, at a particular place, a Truck bearing registration no. GTG-1991, driven by respondent no. 1, dashed with the scooter, as a result of which, the appellant sustained severe bodily injuries. Later on, the appellant preferred claim petition, which came to be dismissed by way of impugned award. Being aggrieved by the said award, the appellant has preferred the present appeal.
3. Heard learned counsel for the respective parties and perused the documents on record. The main contention raised on behalf of the appellant is that in view of the provisions of Order VIII Rule 5 of the Civil Procedure Code, every allegation of the fact in the plaint, if not denied specifically or by necessary implication, or stated to be not admitted in the pleading of the defendant shall be taken to be admitted. Therefore, the Tribunal ought to have filed decree against the respondent. From the record it appears that before the Tribunal, the appellant has not produce any evidence in oral or documentary to establish that he has sustained injuries due to rash and negligent driving of the respondent no. 1. Considering the facts of the case, I am of the opinion that the Tribunal was completely justified in rejecting the claim petition in absence of the documentary evidence. I am in complete agreement with the reasonings given by the Tribunal in the impugned award and hence find no reasons to interfere with the same.
4. In the result, the appeal is dismissed. No order as to costs.
[K.S.
JHAVERI, J.] /phalguni/ Top