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2012 DIGILAW 1881 (RAJ)

Nand Kishore Meena v. Shankarlal Meena

2012-09-04

MAHESH CHANDRA SHARMA

body2012
JUDGMENT 1. - Challenge in this appeal is to the judgment and award dated 14-5-2009, whereby the learned MACT dismissed the claim petition of the claimant appellant. 2. Brief facts of the case are that the claimant appellant filed a claim petition mentioning therein that on 10-6-2006 at about 10.00 a.m., he was going from Luniyawas to Paldi Meena on his Motor Cycle. When he reached near MAL Sahab Ki Dhani, suddenly motor cycle No. RJ14-SF-9481 being driven rashly and negligently appeared and collided with the aforesaid motor cycle of the appellant. Thereafter FIR was lodged, claim petition was filed, notices were issued, written statement was filed, issues were framed, evidence was recorded by the learned Tribunal. After hearing the arguments, the learned Tribunal dismissed the claim petition. 3. Heard learned counsel for the appellant and carefully perused the relevant material on record including the impugned award. 4. The learned Tribunal while dismissing the claim petition observed that the claimant appellant did not produce the medical bills obtained by him in evidence nor did he produce any evidence in support of his income. The learned Tribunal having analyzed the matter in detail and placing reliance on the numerous judgments, rightly dismissed the claim petition of the claimant-appellant. 5. Looking to the entire facts and circumstances of the case, I do not find any ground to interfere in the impugned award passed by the learned Tribunal. It is just and apposite and does not suffer from any legal flaw. 6. For the reasons stated above, the appeal filed by the claimant - appellant fails and the same being bereft of any substance deserve to be dismissed, which stands dismissed accordingly. 7. Consequently, stay application, filed herewith does not survive and the same also stands missed.Appeal dismissed. *******