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2014 DIGILAW 1259 (HP)

Karam Chand v. Kanta Devi

2014-09-12

MANSOOR AHMAD MIR

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Judgment : Mansoor Ahmad Mir, Chief Justice (oral) This appeal is directed against the award dated 10th November, 2006, passed by the Motor Accident Claims Tribunal (II), Fast Track Court, Hamirpur (for short, “the Tribunal”) in MAC Petition No.38 of 2004/RBT 28 of 2005, titled Karam Chand vs. Kanta Devi & others, whereby the claim petition came to be dismissed(for short the “impugned award”). 2. At least, the claimant has to plead and prove that he is the victim of vehicular accident, has not led any evidence to that effect. 3. I have gone through the record. There is not an iota of evidence to the effect that the claimant was traveling in the offending vehicle as passenger, which met with an accident. Even as per the medical record/evidence, the claimant has not suffered even a simple injury or bruise due to the said alleged accident. 4. The appellant-claimant has failed to prove all the ingredients which are required in order to grant compensation as per the mandate of Section 166 of the Motor Vehicles Act, 1988. 5. Having said so, the impugned award is upheld and the appeal is dismissed alongwith all pending applications.