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2008 Supreme(P&H) 2185

K.KANNAN
Radhey Shyam – Appellant
Versus
Prem Kumar – Respondent


Advocates:
Advocate Appeared:
Mr. Namit Sharma, Advocate, for the appellant.
Mr. R. C. Gupta, Advocate, for Insurance Company.

JUDGMENT

K. Kannan, J.

1. The claim for compensation for injuries suffered in an accident was dismissed on the ground that the petitioner had not proved that the injuries were on account of an accident involving a motor vehicle. The claimant before the Tribunal is the appellant before this Court.

2. The essential ground on which the Tribunal dismissed the petition was that the petitioner had not given any complaint to the Police and there is no acceptable evidence that there was a nexus between the injuries and the motor accident. The petitioner had a cogent case to narrate in his oral evidence:-

The petitioner was one of the Loadmen working in the truck bearing registration No.HR-05GA-0218. According to him he had got down from the truck just at the place where the truck was to be weighed on the weigh-bridge. After getting the empty truck weighed the petitioner got into truck again and at that time the driver started the truck suddenly, when the petitioner fell down and the truck ran over his right foot crushing his leg. According to him, the accident had arisen only on account of the negligent conduct of the driver in starting the vehicle even before petitioner had fully gotten int










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