Ravikant Sharma vs Paras Ram And Others

Anoop Kumar Dhand, J

The present civil misc. appeal has been submitted by the claimant-appellant under Section 173 of the Motor Vehicles Act against the impugned judgment dated 18.04.2001 passed by the learned Judge, Motor Accident Claims Tribunal, Jaipur, District Jaipur (for short ‘the learned Tribunal’) in Claim Case No.740/1992, whereby the claim petition filed by the claimant-appellant has been rejected.

Brief facts of the case are that the appellant-claimant filed a claim petition seeking compensation of Rs. 1,10,000/- before the learned Tribunal on the ground that the Jeep bearing No. RJ-14-7136 met with an accident with a Tanker bearing No. DL-1G-3978 due to which the Jeep was damaged and the appellant-claimant suffered expenses in repair of the vehicle.

The learned Tribunal after framing the issues and evaluating the evidence on the record rejected the claim petition by holding that the appellant-claimant got the amount of Rs. 23,000/- from the Insurance Company and no bills of repair and damages were submitted on the record. Hence, the appellant-claimant failed to prove his claim.

Heard counsel appearing for the appellant.

On bare perusal of the impugned judgment and the evidence available on the record, it is clear that the appellant-claimant has failed to produce any documentary evidence in support of his claim and the appellant - claimant has already received the compensation amount of Rs. 23,000/- by submitting an insurance claim. Hence, the learned Tribunal has not committed any error in rejecting the claim petition filed by appellant-claimant.

In view of the discussion made hereinabove, the appeal filed by the claimant-appellant is devoid of merit and the same is dismissed accordingly.

All pending applications, if any, also stand disposed of. Registry is directed to send back the record of the case to the concerned Tribunal forthwith.