( 1 ) THIS appeal by claimant arises out of the award dated 28. 11. 2005 passed by the Second Motor Accidents claims Tribunal, Indore in the M. V. Case no. 162 of 2003. By the impugned award, claim for compensation preferred by the appellant under section 163-A of Motor vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) was rejected.

( 2 ) BRIEFLY stated, relevant facts found by the Tribunal are as under: appellant claimed that he was employed as driver with respondent No. 1, owner of truck bearing registration No. MP 09-D 1041. On 30. 9. 2003 appellant was bringing the loaded truck to Indore and he was waylaid and assaulted by unknown armed miscreants. Miscreants not only robbed rs. 1,500 but also caused injuries to the appellant, consequently the appellant is unable to work as driver any longer. The appellant, therefore, lodged a claim under section 163-A of the Act for compensation against respondents jointly and severally, they being owner and insurer of the truck on the fateful day.

( 3 ) CLAIM was contested by the insurance company, respondent No. 2, denying all material allegations including employment, accident and injuries. It also denied th