Mr. Avneesh Jhingan, J.:- The present appeal has been filed against the award dated 8.5.2009 passed by the Motor Accidents Claims Tribunal, Ambala (for short ‘the Tribunal’).

2. The brief facts necessary for adjudication of the present appeal are noted below:

3. On 6.2.2008 Kamal Kant was driving his motor cycle bearing registration No. HR-01-M-4605 and Rakesh Bagga, was a pillion rider. When they reached near Polytechnic Chowk near Ambala City, they were allegedly struck by Maruti Van bearing registration No. HR-01-H-7477. As a result of the accident, the appellant suffered fracture on his right leg. He was shifted to Civil Hospital, Ambala City and then referred to PGIMER, Chandigarh, but he was taken to Mahandiratta Hospital, where he remained admitted for 7-8 days for treatment.

4. The claim petition was filed under Section 166 of the Motor Vehicles Act, 1988 (for short ‘the Act’), which has been dismissed by the Tribunal.

5. Aggrieved of the said award, the present appeal has been filed.

6. I have heard learned counsel for the parties and perused the paper book.

7. Learned counsel for the appellant argued that there is no dispute that the accident took place and the ap